JUDGMENT :

Suman Shyam, J

1. Heard Mr. A. Upadhyay, learned counsel appearing for the sole appellant. We have also heard Ms. B. Bhuyan, learned APP, Assam, appearing for the State. None has appeared for the informant/respondent no. 2.

2. The judgment and order dated 09/10/2018 passed by the Court of learned Additional Sessions Judge (FTC), Lakhimpur at North Lakhimpur, by means of which the appellant herein, was convicted under section 302 of the IPC and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 3000/-with default stipulation, has been assailed by filing the present appeal.

3. The prosecution case is to the effect that on 02/01/2012, at around 7-30 p.m., the FIR named accused persons had assaulted deceased Pradip Das inside Gharmara Satra, resulting in his death. Sri Latu Das, who had accompanied the deceased had reported the matter to the family members of the victim. On 03/01/2012, Sri Tulan Das i.e. the elder brother of the deceased had lodged an ejahar with the Officer-in-Charge of North Lakhimpur Police Station informing him that the three accused persons named in the ejahar and another unknown person had assaulted his younger brother Pradip D