U.B. Shah, J.

1. The Appellants, namely, Deoraj and Giridhari Goala, have filed this appeal challenging the judgment and order dated 12-1-1999 passed by the learned Additional Sessions Judge, Cachar, Silchar in Sessions Case No. 47 of 1995 whereby and whereunder the Appellant Deoraj Goala was convicted under Section 201 read with Section 109 IPC and sentenced to suffer R. I. for twp years and to pay a fine of Rs. 500/- i.e. to suffer another one month's R. I., and the Appellant Giridhari Goala was convicted under Section 302 IPC and sentenced to suffer imprisonment for life and to pay a fine of Rs. 500/-, i.d. to suffer R. I. for another one month. The Appellant No. 2 was also convicted under Section 201 read with Section 109 and sentenced to suffer R. I. for three years and also to pay a fine of Rs. 500/-, i.d. to suffer another one month's R. I. Both the terms of imprisonment in respect of convict Giridhari Goala shall run concurrently.

2. Heard Mr. N. Choudhury, learned Counsel for the Appellants as well as Mr. K.A. Mazumder, learned P.P. appearing for the Respondent-State.

3. The facts of the prosecution case, in brief, are that on 20-11-1993, the husband of the deceased, Umakanta Goala (P.W. 10) of Badribasti lodged a written ejahar with the in-charge of Banskandi Outpost of Lakhipur P.S. alleging, inter alia, that his wife Radhika Goala had disappeared from his house at about 2 p.m. on 19-11-1993 and on that day, at, about 4.00 p.m. when his mother went to the well for fetching water, she saw the dead body of his wife floating on the water of the well. It was also stated in the ejahar that the deceased Radhika was suffering from insanity for last few days. Ori the feasts of the aforesaid ejahar, the in-charge of Banskadi Outpost recorded the GD entry No. 338 dated 26-11-1993 and the said GD entry was forwarded to the Lakhipur P.S. to register a U.D. Case and take up for investigation. Thereafter, Lakhipur P.S. registered a U.D. case No. 28 of 1993 dated 21-11-1993.

4. Subsequently, on 23-11-1993, another written ejahar was lodged by one Shyam- sundar Goala (P.W. l) with the I.C. Banskandi O.P. stating, inter alia, that his niece Radhika had been murdered by Smt. Mulki Goalini, Deoraj Goala and Sri Giridhari Goala. In the said ejahar, it was also stated that on reaching the house of Umakanta (P.W. 6), he could learn that Radhika had been murdered by the aforesaid accused. On the basis of the said ejahar, another GD entry No. 402 dated 23-11-1993 was made by Banskandi Outpost which was forwarded to Lakhipur P. S. for registering a case and the in-charge of Banskandi police outpost took up the case for investigation. The said ejahar was registered as Lakhipur P. S. case No. 214 of 1993 under Section 302/34 IPC.

5. During the course of investigation, the police arrested the accused Appellant Giridhari Goala and Deoraj Goala and forwarded them to the learned Magistrate. Upon completion of the investigation, the police submitted charge-sheet under Section 302/34 IPC against the aforesaid two accused.

6. As the offence was cognizable and exclusively triable by the Court of Session, the case was committed to the Court of Sessions Judge, Cachar, Silchar. On receipt of the records, the learned Sessions Judge, Cachar transferred the case to the learned Additional Sessions Judge, Cachar for trial.

7. The learned Addl. Sessions Judge in the course of trial, framed charges against accused Deoraj Goala under Sections 201/109 IPC for committing offence of disappearance of evidence relating to murder of the deceased and against accused Giridhari Goala under Sections 302/201/109 IPC for committing murder of Radhika.

8. To bring home the guilt of the accused Appellants, the prosecution examined as many as twelve witnesses including the official witnesses. On completion of the evidence, of the witnesses, the accused Appellants were, examined under Section 313 Code of Criminal Procedure when they denied the allegations made against them. How