JUDGMENT :

MALASRI NANDI, J.

1. Heard Mr. B. Prasad, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Public Prosecutor for the State and Ms. M. Buzarbaruah, learned Legal Aid Counsel for the informant.

2. This appeal is directed against the judgment and order dated 01.03.2017 passed by the learned Sessions Judge, Kokrajhar in connection with Sessions Case No. 125/2016, whereby the accused/appellant was convicted under Section 302 IPC and sentenced him to undergo rigorous imprisonment for life and also to pay a fine of Rs.5,000/-in default, simple imprisonment for 3(three) months.

3. The prosecution story in brief is that the informant Aloka Mushahary, the wife of the deceased, lodged an FIR on 02.07.2016 before the Officer-in-Charge, Kachugaon Police Station, stating inter alia that on 30.06.2016 at about 8 p.m. her husband Nerson Mushahary (deceased) went to the nearby house of his father Thobra Mushahary. Later on, an argument took place between her husband and his younger brother Alongbar Mushahary i.e. the present appellant over a certain matter. Subsequently, the appellant assaulted her husband with an axe causing grievous injuries on his person. Though the injured was tak