JUDGMENT :

M. Zothankhuma, J.

Heard Mr. N.J. Das, learned Amicus Curiae and Ms. B. Bhuyan, learned Additional Public Prosecutor appearing for the State respondent.

2. This appeal has been filed against the judgment and order dated 23.09.2019 passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 64/2014, by which the appellant has been convicted under Section 302 of the IPC and sentenced to undergo life imprisonment with a fine of Rs.5,000/-, in default rigorous imprisonment for 3 (three) months.

3. The prosecution case in brief is that the wife of the deceased submitted an FIR on 05.09.2010 stating that at around 3:30 pm, the appellant, Moina Das had waylaid the informant’s husband (deceased) and dealt blows on him with a dao causing injuries. The deceased was taken to the Kanaklata Civil Hospital, Tezpur where he succumbed to his injuries at 7:00 pm on the same day.

4. Based on the FIR, Tezpur P.S. Case No. 829/2010, under Section 341/326/307/302 of the IPC was registered on 05.09.2010. After conclusion of the investigation, charge-sheet was filed against the appellant, as a primafacie case under Sections 326/307/302 of the IPC was found against him.

5.