JUDGMENT :

(M. Zothankhuma, J.)

1. Heard Mr. B. Nath, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Additional Public Prosecutor for the State.

2. This appeal has been filed against the impugned Judgment & Order dated 24.01.2018 passed by the learned Additional Sessions Judge, Dibrugarh, in Sessions Case No. 60/2015, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs. 10,000/-, in default, to undergo further simple imprisonment for 6 (six) months.

3. The Prosecution case in brief is that an FIR dated 11.01.2012 had been lodged by PW-8, who was the Acting Manager of Green Wood Tea Estate to the Officer In-charge, Mohanbari Police Outpost under Lahoal Police Station. The FIR stated that it had been reported by the Line Chowkidar, PW-1 that Samaru Karmakar (deceased) had been assaulted by the appellant on 10.01.2012 at 4:30 p.m. The deceased was immediately shifted to Garden Hospital and from there he was referred to Assam Medical College & Hospital (AMCH) Dibrugarh. At 3:30 a.m, he was decla