JUDGMENT :

1. Heard Mr. S.A. Ahmed, learned Amicus Curiae appearing on behalf of the appellant. Also heard Mr. B. Sharma, learned Addl. P.P. for the State of Assam.

2. This appeal is preferred by the accused, Bhopal Das (hereinafter referred as the appellant) against the Judgment & Order dated 20.01.2020 passed by the Sessions Judge, Karbi Anglong, Diphu in Sessions Case No. 98/2016 under Section 302 of the Indian Penal Code (IPC for short). The appellant was convicted under Section 304 Part-1 IPC to suffer Rigorous Imprisonment for 4 years and to pay a fine of Rs. 2,000/-with default stipulation.

3. The learned counsel for the appellant laid stress in his argument that the learned Trial Court convicted the appellant on the basis of sole eye-witness. The evidences of other witnesses are nothing but hearsay evidence. Contradictions lends a benefit of doubt to the appellant.

4. Per contra, the learned Additional P.P. Mr. K.K. Das laid stress in his argument that PW-3 is an eye-witness who has categorically testified that the appellant hit the deceased with a bamboo stick. He dealt a blow on the head of the deceased with a bamboo stick. This evidence is substantiated by the evidence of th