1. This appeal has been preferred by the appellant assailing the judgment and order of conviction and sentence dated December 16, 2004 passed by the Additional District and Sessions Judge, 3 rd Fast Track Court, Jalpaiguri in Sessions Trial Case No. 49/04 arising out of Sessions Case No. 84/04 convicting the appellant for the offence punishable under S.302 of the Indian Penal Code (hereinafter referred to as IPC ) and sentenced him to suffer imprisonment for life and also to pay a fine of Rs. 5000/-(Five thousand).

2. The case of the prosecution, in brief, is that on March 8, 2004 at about 16:30 hrs there was an altercation between the appellant and the victim, Sanjib Kujur, in front of the shop of Dinesh at Dhira Line, Naya Salee Tea Garden over the issue of Panchyat affairs and in course of altercation appellant struck the victim with a khukri on his head and neck causing severe cut and bleeding injuries therefrom and then fled away seeing the people rushing there. The victim was then shifted to Naya Salee Tea Garden Hospital where he was declared ‘brought dead’ by the attending Doctor.

3. P.W.1, father of victim, then lodged a complaint at the Nagrakata P.S. and accordingly on th