JUDGMENT :

M. Zothankhuma, J

Heard Mr. G. Phukan, learned Counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

2. This appeal has been filed against the Judgment & Order dated 22.11.2019 passed by the learned Sessions Judge, Lakhimpur, North Lakhimpur in Sessions Case No. 143 (NL)/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 5,000/-, in default, to undergo rigorous imprisonment for 6 (six) months.

3. The Prosecution case in brief is that one Munindra Chabukdhora, who is PW-2 had filed an FIR dated 20.05.2016 before the In-charge, Simaluguri Police Outpost under Bihpuria Police Station, stating that around 4 p.m. on 20.05.2016, Sri Manjit Sarkar @ Babu Sarkar had called his elder brother Utpal Chabukdhora to the house of Sri Letu Lohar (PW-3). Thereafter liquor was provided to his elder brother and Manjit Sarkar (appellant) killed his elder brother by stabbing the deceased with a knife.

4. Pursuant to the FIR dated 20.05.2016, Bihpuria P.S. Case No.328/2016 under Section 302 IPC was registered and investigation was held. After investigatio