JUDGMENT :

N. Kotiswar Singh, J.—

1. Heard Ms. B. Choudhury, learned amicus curiae appointed by this court to assist this court on behalf of the appellant. Also heard Mr. P. Borthakur, learned Additional Public Prosecutor, Assam for the State and Ms. B. Sarma, learned Legal Aid Counsel appears for the informant (respondent No. 2).

2. The present appeal has been, preferred against the judgment dated 20.12.2018 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 83(S-N) of 2017 arising out of G.R. Case No. 647/2015, whereby the appellant has been convicted under section 302, IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 2,000 only in default of which to undergo simple imprisonment for another 2 months with further conviction under section 325, IPC and sentenced to undergo rigorous imprisonment for 2 years with a fine of Rs. 1,000 in default of which, to undergo further simple imprisonment for 1 month. Both the sentences were directed to run concurrently.

3. The brief facts of the case as can be gathered from the records is that an FIR wa