JUDGMENT

A. K. Patnaik, J.:-This is an appeal by way of special leave under Article 136 of the Constitution against the judgment dated 08.06.2005 of the Gauhati High Court, Agartala Bench, in Criminal Appeal No. 22 of 2004.

2. The facts very briefly are that on 09.10.1998, Ashutosh took out his cows for grazing but did not return home till dusk and his cousin, Kripesh, along with others searched for Ashutosh but could not find him. On the next day (10.10.1998) at about 8.30 a.m., he again went out looking for Ashutosh and found his dead body with injuries lying in a jungle at Nalia Tilla. Kripesh then lodged an FIR at the Panisagar Police Station and the police registered a case and held an inquest over the dead body of the deceased. In course of the investigation, the police apprehended Pranajit, who was working as a labourer under Ashutosh and Kripesh, from District Cachar and brought him to Dharamnagar and during interrogation Pranajit disclosed that Ashutosh had been killed by the two appellants. The statement of Pranajit was also recorded under Section 164 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) and on completion of the investigation, the police filed cha