JUDGMENT :

Manish Choudhury, J

This Criminal Appeal from jail is preferred against a judgment and order dated 05.04.2019 passed by the trial court of learned Sessions Judge, Sivasagar in Sessions Case no. 03(S-S)/2019. By the said judgment and order dated 05.04.2019, the learned trial court has convicted the accused-appellant for the offence of murder under Section 302, Indian Penal Code [IPC] and he has been sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/-, in default of payment of fine, to undergo simple imprisonment for further 1 [one] month.

2. The case of the prosecution, in brief, is that on 26.09.2019, one First Information Report [FIR] was lodged before the Officer In-Charge, Bakata Nemuguri Police Station, District – Sivasagar by one Sri Cheni Chetiya [P.W.1] alleging, inter alia, that at around 1030 a.m. on that day, his younger brother, Akoni Chetiya had a quarrel with the accused, Sri Nitul Duara from the same village. In the course of quarrel, the accused assaulted Akoni Chetiya with a saw and as a result of the assault, Akoni Chetiya sustained grievous injury. He was immediately taken to and admitted at Bakata Konwarting Community Heal