JUDGMENT :

M.Zothankhuma, J.

Heard Mr. B. Prasad, learned Amicus Curiae for the appellant. Also heard Ms. B. Bhuyan, learned Addl. Public Prosecutor for the State.

2. This appeal has been filed against the Judgment dated 25.03.2019 passed by the Court of the Addl. Sessions Judge (FTC), Kokrajhar in Session Case No. 179/2018, by which the appellant has been convicted under Section 302 IPC and sentenced to undergo Rigorous Imprisonment for life with a fine of Rs. 10,000/-, in default, to suffer imprisonment for one year.

3. The prosecution case in brief is that an FIR dated 02.05.2018 was submitted by the informant/Prosecution Witness-1 (PW-1), to the effect that when her elder brother Hopna Hembrom went to visit their relative Smt. Malho Mardi (PW-2) on 29.04.2018, the appellant dragged her brother out from Smt. Malho Mardi’s house at around 11pm /12’ midnight. He thereafter assaulted her elder brother and stomped on his chest with his boot. He also kicked his brother’s head, as a result of which his brother died at 5 am on 01.05.2018. In pursuant to the FIR, Kokrajhar Police Station Case No. 192/2018 under Sections 448/325/302 IPC was registered.

4. After investigation of the case was c