JUDGMENT :

M. Thakuria, J

Heard Dr. B. N. Gogoi, learned Amicus Curiae for the appellant. Also heard Ms. B. Bhuyan, learned Senior Counsel and learned Additional Public Prosecutor for the State respondent and Mr. S. H. Mahmud, learned Amicus Curiae for the respondent No. 2/informant.

2. This jail appeal, under Section 374(2) of the Code of Criminal Procedure, 1973, is preferred against the judgment & order dated 24.02.2021, passed by the learned Sessions Judge, Baksa, Mushalpur, BTAD, Assam, in Sessions Case No. 114/2019, under Section 302 of the Indian Penal Code, whereby the accused/appellant has been sentenced to undergo imprisonment for life with a fine of Rs. 10,000/- (Rupees ten thousand) only and in default, to undergo further rigorous imprisonment for 1 (one) year for the offence under Section 302 IPC.

3. The prosecution case, in brief, is that on 05.03.2019, one Uday Ekka, Village- Uttar Diringapur, lodged an F.I.R. before the Officer-In-Charge of Barbari Police Station alleging that on the same day, at around 2.30 p.m., while his minor son- Rajen Ekka, aged about 7 (seven) years, was playing in his nearby homestead gate after returning from school, the accused-Albish Banda of