JUDGMENT :

1. Heard Mr. A. Kalita, the learned Amicus Curiea, appearing for the appellant. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam.

2. This is an appeal under Section 374(2) of the CrPC challenging the Judgment and Order dated 19.03.2019 and 25.03.2019 passed by the learned Additional Sessions Judge, Jorhat in Sessions Case No. 107/2018. The appellant was convicted under Section 302 of the Penal Code, 1860 and for that offence he was sentenced to undergo Rigorous Imprisonment for life and to pay a fine of Rs. 10,000/- and in default of payment of fine, the appellant was sentenced to undergo Simple Imprisonment of 5 (five) months.

3. The factual matrix giving rise to the prosecution case is - Shri Jahan Rautia (PW-1) married for the second time. From his earlier marriage PW-1 had two sons, namely, Anil Rautia (PW-3) and the appellant. All of them were staying together in the same house.

4. On the day of the occurrence, PW-1 was sleeping. The festival of Holi was celebrated on that day. While the PW-1 was sleeping, his wife Sanju Rautia was cooking meal in the kitchen. Be that as it may, in the next morning PW-1 woke up and saw that his wife Sanju Rautia was