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-respondent is the son of a retired peon of the said department. The respondent was also living in the same locality, i.e., in the RWD colony at Yingkiong. On 26.12.2003, the respondent with an ulterior motive to kidnap the deceased boy for ransom came to the house of his brother in law Momar Angu. However, at the relevant time the said Momar Angu was not at home. Hence, the respondent waited for the deceased sitting at the veranda of the house. At about 1.30 pm, the deceased boy was going towards air field area to play with friends. At that point of time the deceased was called by the respondent in the house of Momar Angu and attempted to detain him. However, the deceased became restless and started crying. Having failed to take control of the child the respondent gagged his mouth and after his death the dead body was packed in a gunny bag and it was dumped/buried in a drain. When the boy was found missing, his parents and the people of the locality searched for the child and the dead body was recovered on the next morning.

3. After the recovery of the dead body of the child, the, FIR was lodged by the father of the deceased. It was registered as Yingkiong Rs. Case No. 40 of 2003 under Sections 364/302, IPC. As usual inquest and autopsy were also conducted on the dead body. Rough sketch map of the place of occurrence was also prepared by the Investigating Officer and the statements of witnesses were also recorded. Wearing apparels of the deceased and the gunny bag were also formally seized. Identical gunny bag and identical electric wire, which were used in bundling the dead body, were noticed in the house of Momar Angu and those were also seized by the I.O. Thereafter, the said Momar Angu and his wife and son were intensively interrogated. During interrogation son of Momar Angu disclosed that on the relevant day his maternal uncle, i.e., Tai Ngomdir was in their house and he even did not allow him to go inside. On these revelations by the son of Momar Angu the I.O., also interrogated the respondent, who disclosed before the Investigating Officer that he had killed the child in conspiracy with Momar Angu to squeeze money from his parents.

4. After his arrest on 5.2.2004 the respondent was produced before the judicial Magistrate, before whom, the respondent Tai Ngomdir gave confessional statement under Section 164 of the Code of Criminal Procedure, 1973 (briefly Cr. PC) on 24.2.2004. Ext-2 is the said statement. On the basis of confessional statement and order evidence collected during investigation two persons, namely, Momar Angu and the present respondent were charge sheeted for the offence of murder and other offences. After commitment of the case, both the persons faced trial under Sections 369, 347, 302, 201, 120B read with Section 34 of the IPC.

5. The pros