C.R.SARMA, J. - (1.)This appeal is directed against the judgment and order, dated 04.08.2011, passed by the learned Sessions Judge, Dibrugarh, in Sessions Case No. 115 of 2010. By the impugned judgment and order, the learned Sessions Judge convicted the appellant for the offence u/s 302 IPC and sentenced him to suffer imprisonment for life and pay a fine of Rs. 3,000/ - in default, suffer R.I. for another period of 6 months. Direction was made that the appellant would be entitled to the benefit of set off u/s 428 Cr.P.C.
(2.)Aggrieved by the said judgment and order the appellant who has been undergoing imprisonment, has preferred this appeal from the jail. As there was none to represent the appellant, Mr. U. Choudhury, learned counsel has been engaged to represent the appellant.
(3.)Prosecution case in brief, is that on 23.10.2010 at about 9.30 p.m., the husband (i.e., the deceased) of the informant visited his brother's house for demanding money, which was due to him. On such approach a quarrel took place between the deceased and the appellant and the appellant inflicted dao blows on the deceased and the deceased succumbed to the injuries. The wife of the deceased, as informant, lodged an FIR with the police, on the next day. Police registered a case u/S 302 IPC and started investigation into the matter.