JUDGMENT :

Suman Shyam, J.

1. Heard Mr. Mrinmoy Dutta, learned Amicus Curiae appearing for the appellant. We have also heard Ms. B. Bhuyan, learned senior counsel and APP, Assam, assisted by Mr. J. Das, appearing on behalf of the State of Assam. None has appeared on behalf of the respondent no. 2.

2. By the impugned judgement dated 28/09/2018 passed by the learned Additional Sessions Judge, Bajali, Pathsala in sessions case No. 102/2017, the sole appellant was convicted under Section 302 of the IPC for committing the murder of his minor daughter and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 5000/-, in default, to undergo simple imprisonment for one year.

3. The brief facts and circumstances of the case, leading to filing of this appeal, are as follows :

4. On 24/07/2016, Ms. Asma Khatun i.e. the wife of the accused/appellant and the mother of the victim had lodged an ejahar before the Officer-in-Charge, Bhawanipur Police Out Post reporting that at around 7-45 a.m. on that day, the accused took her daughter Suhana Akhtar (aged 2.5 years) to the nearby shop telling that he would buy her some biscuit and killed the child on the way by stabbing her on t