ORDER

Date : 16-10-2023 (KR Surana, J) This appeal is preferred under section 374 read with section 382 Cr.P.C. against the judgment and order of conviction dated 30.08.2017 passed by the learned Sessions Judge, Udalguri in Sessions case no.159(DU) of 2014 thereby sentencing the appellant to undergo rigorous imprisonment for life and fine of Rs.5,000/- with default stipulation for committing offence under section 302 IPC.

2. The case of the prosecution, in brief is that on 05.10.2014, at about 09:30 a.m., the victim was proceeding towards Dimakuchi Market with his minor daughter on his motorcycle, at that time the appellant had restrained the victim in front of the tea stall of one Dinesh Rajbonshi at Kalikhola and assaulted him with a sharp weapon causing grievous injury to him. He was shifted to Mangaldoi Civil Hospital but he succumbed to his injuries on his way. The trial commenced after the committal proceedings.

3. The learned Sessions Judge relied on the oral and testimony of PW-2, PW-7, PW-12 and PW-13, who were eye witnesses and had seen the assault as well as the oral testimony of PW-8, to whom the deceased had told before dying that the appellant had cut him. The prosecutio