(1.) This appeal is directed against the judgment and order, dated 29.10.2011, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No.47/2008, whereby the learned Sessions Judge convicted the appellant, under Section 302 of the Indian Penal Code (for short, IPC) and sentence him to suffer imprisonment for life and pay fine of Rs.2,000/-, in default, suffer rigorous imprisonment for another period of 3 (three) months. Direction has also been made to treat the period of imprisonment, already undergone by the petitioner, as set off under Section 428 of the Code of Criminal Procedure (for short, Cr.P.C.).
(2.) Aggrieved by the said conviction and sentence, the convicted person, as appellant, has preferred this appeal, from jail. As there was none to represent the appellant, Mr. R. Dey, learned Counsel, has been appointed as the Amicus Curiae to represent the appellant.
(3.) The prosecution case, in brief, is that, on the night of 21.07.2007, when the deceased and his wife (PW-2) were preparing to go to their bed, the appellant, who was the son of the deceased, entered his house, with a dao and made attempt to attack PW-2 i.e. wife of the deceased. The deceased put up resistance and the appellant inflicted several dao blows on the deceased as a result of which, he succumbed to the injuries.