JUDGMENT :

M.Zothankhuma, J.

Heard Mr. N. J. Das, learned Amicus Curiae. Also heard Ms. S. Jahan, learned Addl. Public Prosecutor and Mr. S. Sinha for the informant, respondent No. 2.

2. This appeal has been preferred against the Judgment dated 07.05.2019 passed by the Court of Addl. Sessions Judge, FTC, Biswanath Chariali in Sessions Case No. 156/2017, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 5000/-, in default, to undergo Rigorous Imprisonment for two months, for having caused the death of the deceased, who was a 45 year old lady, by hitting her with an axe.

3. The prosecution case in brief is that Prosecution Witness No. 1, who is the brother-in-law of the deceased and the first cousin of the appellant, had submitted an FIR dated 17.02.2017, to the effect that at around 11:15 pm on 16.02.2017, the appellant had hacked Lakhi Barua on her head with an axe and as a result of which, she was taken to Biswanath Chariali Civil Hospital where she died. In pursuant to the FIR, Gingia PS Case