JUDGEMENT :

Malasri Nandi, J.

1. Heard Mr. B.D. Das, learned Sr. Counsel assisted by Mr. H.K. Sarma, learned counsel for the appellant. Also heard Ms. B. Bhuyan, learned Addl. P.P. Assam appearing for the State and Mr. B.D. Konwar, learned Sr. Counsel assisted by Mr. H. Agarwal, learned counsel for the respondent No. 2.

2. The appellant being the sole accused in Sessions Case No. 151/2017 on the file of Sessions Judge, Bongaigaon, charged and convicted for life for the offence punishable under Section 302 IPC and to pay a fine of Rs. 10,000/-in default to undergo 6(six) months simple imprisonment and for 5 (five) years rigorous imprisonment for the offence under Section 27 of Arms Act, 1959 and to pay a fine of Rs. 5,000/-in default to undergo 2(two) months simple imprisonment, has filed this criminal appeal. All sentences were directed to run concurrently.

3. The case of the prosecution is that on 02.01.2016, the informant Nwrwm Basumatary lodged an Ejahar before the O/C Kokrajhar P.S. Stating inter-alia that on 01.01.2016 at about 8.00 P.M. a surrendered NDFB member Rakesh Brahma who lives near the surrendered NDFB Camp, Kokrajhar, primary office at Sudempuri, shot Rajan Brahma @ Dar