JUDGMENT :

Mir Alfaz Ali, J.

1. Heard learned Counsel, Dr. B. Ahmed appearing for the appellant and learned Addl. Public Prosecutor, Mr. M Phukan for the State/respondent.

2. This appeal is directed against the judgment and order dated 11.02.2019 rendered by the learned Sessions Judge, Dhubri, in Sessions Case No. 226/2016, whereby, the appellant Sangser Ali @ Samsher Ali @ Laden was convicted u/s. 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/- in default, to suffer rigorous imprisonment for another six months.

3. One Sukur Ali (PW-1) lodged a written report with the Officer-In-Charge of South Salmara Police Station, alleging inter alia, that the appellant Sangser Ali along with seven others came to the house of deceased Abul Hussain and the appellant Sangser Ali inflicted a stab injury on the chest of Abul Hussain, thereby caused his death. They also inflicted injury to Nur Islam and Sumar Ali by sharp weapon. Treating the said written report as FIR, police registered South Salmara Police Station Case No. 139/2010 u/s. 143/147/148/149/341/326/302 and commenced investigation. In course of the investigation, the I/O recorded the statement of the witnesses u/s. 161 CrPC, arranged for treatment of the injured, prepared the inquest report on the body of the deceased, subjected the body to post mortem examination, collected the post mortem report and upon completion of the investigation submitted charge-sheet against the present appellant, Sangser Ali, who eventually stood trial before the learned court of Sessions.

4. During the course of trial, charge was framed against the appellant u/s. 302 IPC, to which he pleaded not guilty. In order to substantiate the charge, prosecution examined eight witnesses. One witness was examined by the court as court witness. The appellant took the plea of innocence during his examination u/s. 313 CrPC however, did not adduce any defence evidence.

5. The first informant Sukur Ali was examined as PW-2. He deposed that having found the cow of the accused causing damage to the plantations, when the deceased was taking the cow for impounding, accused Sangser Ali came and tried to take away the cow, whereupon, altercation ensued between the accused and the deceased and in course of such altercation, accused went to his house and came back with a dagger and dealt a stab blow on the chest of the deceased. This witness also stated, that hearing commotion, he came out of the house and noticed, that Sangser Ali (PW-6) and Nur Islam were trying to resist the accused and the accused assaulted them too.

6. PW-2, Habija Khatun deposed that quarrel ensued between the accused and the deceased on the issue of a cow causing damage to the cultivation. She further stated that the accused went to his house and came back within 10 minutes with a dagger and inflicted a stab injury to the deceased. She also stated that Nur Islam tried to apprehend the accused, whereupon, the accused assaulted him and had fled the scene of occurrence.

7. PW-3 testified that a quarrel ensued between the accused and the deceased over the issue of grazing a cow at the cultivation field. Thereafter, the deceased Abul Hussain left for his house, however, in the meantime, the accused also went to his house and came back with a dagger and gave a stab blow on the chest of Abul Hussain, and Abul Hussain died at the spot.

8. PW-4 stated in his evidence, that hearing commotion in the house of the accused, he came out and saw Abul Hussain standing in front of his house and talking with the father of the accused. In the meantime, the accused Sangser came from his house with a dagger and dealt a stab blow on the chest of Abul Hussain. Upon sustaining the injury, Abul Hussain fell down and died at the spot.

9. PW-6 stated that about 8/8.30 AM when he was proceeding towards Montrirchar, he had noticed Abul Hussain (deceased) standing in front of his house. He also stated to have seen accused Sangser arriving there and infl