T. Nandakumar Singh, J.

1. The Appellant-accused Sri Sushendra @ Sushai Deb, faced Sessions Trial No. 8 (WT/K) of 2002 before the learned Addl. Sessions Judge, Khowai, West Tripura for the incident on 13.08.1999 in which one Gopal Suklabaidya was killed. In this Sessions Trial the Appellant-accused was charged along with one Ranjit Gaur for the offence punishable under Section 302 read with Section 34 of the IPC. After M length trial the teamed Addl. Sessions Judge, vide impugned judgment and sentence dated 13.07.2005 convicted the Appellant-accused for the offence punishable under 302 and sentenced to suffer rigorous imprisonment for life and to pay a fine of Rs. 2,000/- in default of payment of fine to undergo simple imprisonment for two months for commission of offence under Section 302 read with Section 34 IPC. Being aggrieved\Appellant-accused filed the present appeal.

2. Heard Mr. D.C. Roy, learned Counsel for the Appellant-accused and also Mr. D. Sarkar, learned senior P.P., Tripura appearing on behalf of the Respondent.

3. The prosecution story as unfolded during trial is briefly noted.

The informant, Sri Gouranga Suklabaidya O.P.W. 5) lodged an Ejahar to the O.C., Khowai Police Station stating that on 13.08.1999 (Friday) at about 7 p.m. his younger brother Gopal Suklabaidya (deceased) had gone to Dhabil with Amrit Achaijee (P.W. 4) in search of labourers to work in field; and he did not return on that day and he and Ors. searched for him. On 15.08.1999 in the morning the informant Sri Gouranga Suklabaidya (P.W. 5) met Gangaram Gour of Dhalabil (P.W. 6) who stated that dead body of the Petitioner's brother, Gopal Suklabaidya was lying in the well. Immediately thereafter they went to the well and saw dead body of his brother Gopal Suklabaidya (deceased) lying in the well. It is also stated in the FIR that on Friday, i.e. 13.08.1999 at about 8 p.m. a quarrel took place between his brother Gopal Suklabaidya and Appellant-accused Sri Sushendra @ Sushai Deb and Anr., Ranjit Gour (now absconder) in the house of Smt. Janaki Gour of Dhalabil. On being asked Smt. Janaki Gour stated that last Friday at about 8 p.m. in the night Appellant-accused and Ranjit Gour had assaulted the deceased with lathi and torchlight.

4. On receiving the said Ejahar, O.C., Khowai registered a case being Khowai P.S. Case No. 52/99 under Sections 302/201 read with Section 34 IPC against the Appellant-accused and Anr. Shri Ranjit Gour (absconder). On registration of the said FIR, machinery of investigation had started. After completing investigation charge sheet was submitted against the Appellant-accused and Shri Ranjit Gour before the concerned Magistrate, who committed the case before the learned Sessions Judge for trial for the offence under Section 302 triable exclusively by the Sessions Judge. On receipt of the charge sheet, learned Sessions Judge framed charge against the accused-Appellant and Anr. Shri Ranjit Gour for the offence punishable under Section 302 read with Section 34 IPC; to which the Appellant-accused denied the charge and claimed for trial.

5. The prosecution, in order to bring home charge examined as many as 11 witnesses. From the side of the prosecution, it appears that P.W. 4- Shri Amrit Achaijee is the eye witness, P.W. 6- Shri Gangaram Gour, P.W. 3-Shri Jaleswari Gour, P.W. 7-Shri Sankar Shil and P.W. 8-Shri Kiran Suklabaidya were residing at immediate nearby place of the occurrence. Therefore, it appears that the prosecution had tried to bring home the charge against the Appellant-accused by relying on the statements of witnesses mentioned above. P.W. 5-Gouranga Suklabaidya, the informant in his statement before the Court stated that on 13.08.1999 at about 7 p.m. his brother Gopal Suklabaidya (deceased) along with his neighbour Amrit Acharjee (P.W. 4) went to the house of Mrs. Janaki Gour at Dhalabil in search of labourers. As he did not return home at that particular night, next day morning he started searching for his mi