JUDGMENT :

Suman Shyam, J.

Heard Mr. A.K. Bhuyan, learned counsel appearing for the sole appellant. We have also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1. None has appeared for the informant/respondent No.2.

2. By filing the instant appeal, the judgment and order dated 24.09.2018 passed by the learned Additional Sessions Judge, Dibrugarh in Sessions Case No.201/2012 convicting the sole appellant under Section 302 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and also to pay fine of Rs.10,000/-, in default, to undergo simple imprisonment for a period of three months, has been challenged primarily on the ground that there is no evidence available on record so as to sustain the conviction of the appellant in this case.

3. The prosecution case, in a nutshell, is that on 03.09.2011, at about 5.50 p.m. the appellant Sahid Khan had beheaded Junglee @ Bijay Mahato by hacking him with a dao in front of hotel Annapurna at Bamunbari Tiniali and thereafter, was seen to be roaming around with the severed head of the deceased. On 03.09.2011 itself, at about 5.55 p.m., a police personnel named Sri