JUDGMENT :

Malasri Nandi, J.

1. Heard Mr. T.R. Sarma, learned Amicus Curiae, appearing for the appellant. We have also heard Ms. S. Jahan, learned Addl. P.P., Assam, appearing for the State.

2. This appeal is directed against the judgment and order of conviction dated 01/09/2017 passed by learned Additional Sessions Judge, Tezpur, Sonitpur, arising out of Sessions Case No.260/2014 u/s 302 IPC. The appellant was sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs.3000/- in default to suffer simple imprisonment for 3 months.

3. The prosecution case, as unfolded, is that on 11/05/2014 one Makani Lagi Siri, the village head of Bharali Basti village under Chariduar PS of Sonitpur district lodged an Ejahar before the OC Chariduar PS stating inter alia that on 09/05/2014 at about 5:30 PM accused Rajesh Racha assaulted his sister in law Pakju Racha, and dealt a dao blow following a quarrel with her over some domestic issues. Due to the alleged assault Pakju Racha sustained grievous injuries on her person. Immediately she was taken to Mission Hospital, Tejpur but the doctor declared her brought dead.

4. The aforesaid FIR led to the institution of Chariduar PS case no 50/20