JUDGMENT :

ROBIN PHUKAN, J.

1. Judgment and Order dated 16.05.2017, passed by the learned Sessions Judge, Jorhat, in Sessions Case No. 83 (J-J) of 2014, corresponding to Titabar P.S. Case no. 58 of 2014, is impugned in this appeal preferred by the Sri Sankar Pandab, from District Jail, Jorhat. It is to be noted here that vide the impugned judgment and order, dated 16.05.2017, the learned Court below has convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to suffer R.I. for life and also to pay a fine of Rs. 10,000/- (Rupees ten thousand) only with default stipulation.

2. The factual background leading to filing of the present appeal is adumbrated herein below:

“On 28.03.2014, at about 6.30 P.M., while deceased Binod Pandab was talking with his wife -Smt. Mamoni Pandab in his house, then the appellant - Shri Shankar Pandab, who happened to be his own son, came there and assaulted him by means of a wooden plank over his head, after an altercation over domestic matters. Then Binod Pandab sustained grievous injuries over his head and fell down on the ground. Immediately thereafter Binod Pandab was taken to Titabar Hospital and from there he was referred to