JUDGMENT :

Manish Choudhury, J.

1. Both these criminal appeals-Criminal Appeal (J) no. 65/2015 and Criminal Appeal no. 37/2016-are directed against a judgment and order dated 30.05.2015 passed by the trial court of learned Sessions Judge, Golaghat in Sessions Case no. 160/2010. By the said judgment and order, the learned trial court has convicted the accused-appellant under Section 302, Indian Penal Code (IPC) and the accused-appellant has been sentenced to undergo imprisonment for life and to pay a fine of Rs. 1,000/-, in default of payment of fine, to undergo simple imprisonment for another 1 (one) month.

2. The investigation was set in motion on the basis of a First Information Report [FIR] [Ext-5] lodged on 10.08.2010 by the informant, Smti. Nirmala Toppo before the In-Charge, Numuligarh Police Outpost. In the FIR, the informant naming the sole accused had, inter alia, alleged that at around 08-00 p.m. on 08.08.2010, the accused who lived nearby her house, came to her house. While having a talk with the informant's husband, Sadram Toppo the accused got angry all of a sudden and kicked her husband from inside the house to the courtyard. He then, seriously injured Sadram Toppo by striking him in his head with a pitchfork. Sadram Toppo was immediately taken to the tea garden hospital wherefrom he was referred to the Civil Hospital at Golaghat for better treatment. Sadram Toppo breathed his last when he was taken in an ambulance to Golaghat.

3. On receipt of the said FIR, the In-Charge, Numuligarh Police Outpost entered the same vide General Diary Entry no. 212 dated 09.08.2010. By forwarding the FIR to the Officer In-Charge, Golaghat Police Station for registering a case he entrusted the investigation to one Uttam Tamang, a Sub-Inspector of Police attached to the Numuligarh Police Outpost. On receipt of the FIR, the Officer In-Charge, Golaghat Police Station registered the same as Golaghat Police Station Case no. 391/2010 [G.R. Case no. 820/2010] under Section 302, IPC.

4. During the course of investigation, Uttam Tamang, the Investigating Officer (I.O.) of the case visited the place of occurrence. He prepared a sketch-map [Ext-4] of the place of occurrence and also examined the witnesses. An inquest report [Ext-2] on the dead body of the deceased was prepared on 09.08.2010 and the dead body was thereafter, sent for postmortem examination. The post-mortem examination on the deadbody was conducted at K.K. Civil Hospital, Golaghat on 09.08.2010 and a post-mortem examination report [Ext-1] was prepared. The accused was arrested from his home and sent in to custody. A pitchfork [along with a bamboo handle], measuring about 3 ½ feet in length was seized in presence of witnesses by the I.O. vide a seizure list [Ext-3]. After completion of investigation, the I.O. of the case submitted a charge sheet being Charge Sheet no. 268/2010 [Ext-6] dated 30.09.2010 finding a prima facie case punishable under Section 302, IPC against the accused.

5. On being committed and upon receipt of the case record of G.R. Case no. 820/2010, Sessions Case no. 166/2010 was registered by the Sessions Court, Golaghat. Upon hearing the learned Public Prosecutor and the defence counsel on the point of charge and consideration of the records of the case, a charge under Section 302, IPC was framed against the accused person on 07.02.2011. When the charge was read over and explained to the accused, he pleaded not guilty and claimed to be tried.

6. During the course of the trial, the prosecution in order to bring home the charge examined 13 nos. of prosecution witnesses [PWs] and the defence cross-examined the witnesses. After closure of the prosecution evidence, the accused was examined under Section 313, CrPC. The defence did not adduce any evidence. One court witness, C.W. 1 was examined who exhibited the General Diary Entry no. 192 dated 08.08.2010 [Ext-7]. The learned trial court after examination and appreciation of the evidence brought on record, had found the acc