JUDGMENT :

N. Kotiswar Singh, J.

1. Heard Mr. A.K. Gupta, learned counsel for the appellant, Amicus Curiae as well as Mr. M. Phukan, learned Additional Public Prosecutor for the State of Assam.

2. The present appeal has been preferred against the Judgment and Order dated 30.06.2018 passed by the learned Sessions Judge, Dima Hasao, Haflong, in Sessions Case No. 25/2011 convicting the appellant under Section 302 IPC and sentencing him to undergo rigorous imprisonment for life and a fine of Rs. 1,000/- (Rupees One Thousand Only) and in default of payment of fine to undergo simple imprisonment for another 3(three) months.

3. The appellant had been convicted on the charge of killing the son of the informant on 18.08.2011. The deceased was a Truck driver who had gone to a sand quarry at Panimur in Dima Hasao District for loading sand where he was hacked to death by the appellant with a dao.

4. On an ejhahar being filed on 18.08.2011, an investigation was conducted and as many as 11 (eleven) witnesses were examined including the expert witnesses. The weapon of crime was also seized from the scene of crime. In course of the investigation before the trial, the appellant made a confessional statement under Section 164 Cr.P.C., in which he admitted to committing the offence which briefly sums up the prosecution case also. The relevant portion of the confessional statement reads as follows:-

"On 18.08.2011 at about 8:30 am I returned from my home to our work site at Panimur Balighat where we used to collect sand. We were 6(six) persons but I came first and cleaned the camp. Suddenly I person appeared in drunken mood and started abusing me with filth language. He also assaulted me with fist and blows. I became angry and picked up a dao and started assaulting him with the dao which caused grievous injury to the person and as a result he succumbed to death. I ran away from the PO and reached the Kapili river and saw 5(five) other who used to work with me. They were coming to the camp. I narrated the incident to them and out of fear fled away and took shelter in my uncle house. Thereafter, I surrendered before police at Diyungmukh PS and admitted that I committed the crime. Police arrested me and forwarded me to Court."

5. When asked for the reason for killing the person by the Magistrate at the time of recording the said confessional statement, the accused stated that:-

" I was angry with him because at first he disturbed me while I was playing cards alone and secondly he started abusing me with filthy language because I told him not to disturb me, but he continued to use slang words and as a result I lost my tempter and out of anger I assaulted him with a dao."

6. Though, there was no eye-witness, the accused admitted to the aforesaid killing of the deceased by assaulting the deceased with a dao in his statement recorded under Section 164 Cr.P.C. as well as before the Court in his statement under Section 313 Cr.P.C. The aforesaid statement was corroborated by the medical evidence which indicated the nature of injuries as follows:-

" Wounds - position, and character : Lacerated wound seen in the-

(I) Right wrist dorsal aspect 2" x 1" x 3/4"

(II) Left palm on the palmer aspect 2"x 1" x 3/4"

(III) Right side of neck 2" x 1" x 3/4"

(IV) Upper front of neck right side 1" x 1/2" x 1/4"

(V) Right mastoid region 3" x 1" x 1"

(VI) Right temporal region 2" x 1" x 1"

(VII) Left frontal 2" x 1" x 1"

(VIII) Left cheek 1" x 1" x 3/4"

7. On the basis of the aforesaid evidences on record and primarily based on the confessional statement made by the appellant, the trial Court rendered the finding that the ingredients of Section 302 IPC were proved and convicted the appellant under Section 302 IPC. At the same time the learned Trial Court also discounted the applicability of Exception 4 to Section 300 IPC.

8. Considering the plea raised by the learned counsel for the a