Judgment

K.G. Balakrishnan, J.—The appellant was one of the accused in a case registered by Boribazar Outpost in Assam. Originally, there were seventeen accused. Three accused, including the appellant were absconding and apprehended later. Fourteen accused persons were tried by the Sessions Judge, Morigaon in Sessions Case No. 47/99 and they were all found guilty of various offences. The case of the present appellant was put up and numbered as 47A/99 and tried separately. The appellant was found guilty of the offences punishable under Sections 147, 148, 436, 326 and 302 read with Section 149. For the main offence under Section 302 read with Section 149, he was awarded the capital punishment by the Sessions Judge. The appellant filed an appeal before the High Court of Assam at Gauhati, and there was also a Reference against the death penalty imposed on the appellant. The appeal and the Reference were disposed of by a common judgment and the death penalty imposed on the appellant was confirmed by the High Court. The appellant challenges his conviction and sentence in this appeal.

2. The occurrence took place in the morning of 26.11.1996. Deceased Narayan Bordoloi along with his wife a