JUDGMENT :

Kardak Ete, J.

Heard Mr. S.D. Purakayastha, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor and Ms. M. Chakraborty, learned counsel for the respondents.

2. This criminal appeal has been preferred by the appellant Sri. Bijit Saikia @ Ken assailing the judgment and order dated 04.04.2018 passed by the Court of Sessions Judge, Jorhat in connection with Sessions case no 71(J-J)/2015 corresponding with GR case no. 318/2014 wherein the appellant has been convicted under section 302/201 of IPC, 1860 for committing murder and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/-(ten thousand) in default of payment of fine, to undergo rigorous imprisonment for another six months under Section 302 of IPC and also rigorous imprisonment for four years with fine of Rs.5,000/-(five thousand) in default of payment of fine, to undergo rigorous imprisonment for another three months under section 201 of IPC. Both the sentences to run concurrently.

3. The prosecution story in brief is that Ejahar dated 02.07.2014 was lodged before the Officer-in-Charge, Mariani Police Station by the informant, Sri. Deben Gogoi alleging that on 01.0