[N. Kotiswar Singh, J.]

Heard Mr. J. Das, legal aid counsel for the appellant. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for the respondent No.1.

2. The present appeal has been preferred against the judgment and order dated 28.11.2017 passed by the learned Sessions Judge, Kamrup, Amingaon, in Sessions Case No.196/2014 by which the appellant has been convicted under Section 302 of IPC and sentenced to undergo imprisonment for life and also to pay a fine of Rs.10,000/- (Rupees ten thousand only) in default of which to undergo simple imprisonment for a month.

3. The said conviction arose on the basis of a criminal proceeding initiated against the appellant after an FIR was lodged on 16.03.2011 by one Minu Das, the wife of the deceased. In the said FIR it was alleged that at around 5.30 a.m. on 16.03.2011 when she was sleeping, her husband got up from bed and while he was lighting lamp and incense sticks after completing his morning ablutions and other chores, someone called him away saying that he was needed for some urgent work and at around 6 a.m., her husband went away along with that unknown person on his bicycle. Later on, at around 6.40 a.m.