B.D. Agarwal, J.

1. This reference application under the provisions of Section 30(1) of the Assam Frontier (Administration of Justice) Regulation, 1945 has been made by the learned Additional Sessions Judge (FTC), Basar to confirm the conviction of the Tai Ngomdir under Sections 302, 201, 363 and 342 of the Indian Penal Code (IPC). The appellant has been convicted under the aforesaid provisions of IPC vide judgment and order dated 10.7.2007 and 11.7.2007 passed in BSR/Sessions Case No. 507 of 2004. Under this judgment the appellant has been sentenced to undergo imprisonment for life and also to pay fine of Rs. 5000 with default sentence of rigorous imprisonment for 6 (six) months for conviction under Section 302, IPC and 4 (four) years rigorous imprisonment with fine of Rs. 2000 and default sentence of rigorous imprisonment for 3 (three) months have been awarded under Section 201, IPC. Sentences for other offences have been set-off.

2. It is a case of homicidal death of a 10 years old boy. The prosecution case in a nutshell is that the deceased child was the son of Sri. A.K. Barnwal, who was working as Junior Engineer in Rural Works Department (RWD), and the accused-responden