(1.) Heard Mr. K. Goswami, learned Senior Counsel and Amicus Curiae, appearing for the appellant (in jail) as well as Ms. S. Jahan, learned Addl. P.P., Assam appearing for the State respondent.
(2.) This appeal has been filed against the judgment dtd. 21/12/2019, passed by the Court of learned Additional Sessions Judge, Sivasagar, in Sessions Case No.74(S-S)/2018, whereby the appellant has been convicted under Sec. 302 of the IPC and sentenced to undergo rigorous imprisonment for life with a fine of fine of Rs.2,000.00 (Rupees two thousand), in default, simple imprisonment for one month.
(3.) The prosecution case in brief is that the uncle of the deceased Hemo Saikia, who is PW.2, submitted an FIR dtd. 7/12/2017, before the Officer-in-Charge of the Sivasagar to the effect that at around 9:00 P.M., on 6/12/2017, his nephew was found dead with multiple injuries at Dighal Dariali Missing Gaon, under the jurisdiction of Disangmukh Police Outpost. In pursuant to the FIR, Sivasagar P.S. Case No.1025/17 under Sec. 302 IPC dtd. 7/12/2017 was registered.