JUDGMENT

P. Venkatarama Reddi, J.-The appellant Paramananda Pegu along with Jitu Pegu were charged under Sections 365 and 302 IPC for abducting and killing two minor boys, namely, Robindra Taid and Keshav Taid, aged 6 and 10 years respectively on June 28, 1999. After trial, they were convicted and sentenced to death by the Sessions Judge, Dhemaji by his judgment dated 04.03.2002. On appeal the High Court confirmed the conviction and sentence. This appeal has been preferred by Parmananda Pegu only. It appears that the other convict Jitu Pegu is absconding. As per the prosecution case, the victim boys were initially kidnapped/abducted with a view to demand ransom from their relatives but when the accused suspected that the villagers were approaching in search of the boys, the accused decided to kill them.

2. The genesis of the case began with a report which was lodged with Gogamukh Police Post on the morning of June 29, 1999 by Basanti Taid (P.W.5), the mother of Robindra. She stated that her son Robindra and her husband s brother s son by name Keshav who was residing with her, could not be traced since 5.30 P.M. of the previous day despite a search made and that on the morning of the