Biplab Kumar Sharma, J.

1. This arisen out of the judgment of conviction and sentence dated 20.2.2003 appeal has passed by the learned Sessions Judge, Lakhimpur in Sessions Case No. 86 (NL) of 1995 under Section 302, IPC. By the impugned judgment of conviction and sentence, the appellant has been convicted under Section 302, IPC with the sentence of rigorous imprisonment for life and fine of Rs. 10,000, in default, rigorous imprisonment of 5 years.

2. The criminal case against the accused appellant and one Md. Omar Ali was set to motion with the lodging of the FIR dated 18.7.1993 with the Officer-in-charge, Simaluguri Police Station by one Shri Haren Phukan (PW-1). The incident narrated in the FIR is that at about 12 mid-night on 12.7.1993, hearing a sound inside the particular camp situated on the west of the bridge under construction, namely, Athonibari bridge, the first informant woke up and saw the accused appellant along with Omar Ali killing the Head Carpenter Rajesh Ali, hitting him with a Iron Crowbar. According to the first information, same was due to some dispute regarding monetary transactions among them. In the FIR, it was narrated that first the deceased struggled for life and thereafter died. According to the first informant, he was threatened by both the accused and compelled to help them out in burying the dead body.

3. On 17.7.1993 when the accused appellant had gone to market and the other accused Omar Ali was asleep, the first informant fled away from the place and took shelter in the house of one Shri Tulshi Phukan at Simaluguri village from where he got the FIR written by one Shri Arun Knowar on 18.7.1993 and lodged the same with the Simaluguri Police Station.

4. On receipt of the said FIR, the police registered Bihupuria PS Case No. 305 of 1993 under Section302/201/34, IPC. After investigation etc, charge sheet was submitted and the case being exclusively triable by the court of Sessions, the learned Additional Chief Judicial Magistrate, Lakhimpur, committed the same to the court of Sessions by his order dated 30.5.1995.

5. During trial, prosecution examined four witnesses. Their evidence is briefly discussed below:

6. PW-1 is Shri Haren Phukan is the first informant who had lodged the FIR. According to him, he did not divulge the fact of committing the murder by the accused appellant along with said Shri Omar Ali, out of fear, rather helped them out in hiding the dead body. However, it is his stand that after about 5(five) days, he could come out from the camp and lodged the FIR being relieved of any pressure from the accused persons.

7. He in his deposition stated that the deceased was the head carpenter in the construction work in which the PW-1 was also engaged. That was in the year 1993. According to his statement, it was one Shri Mukti Sarma, who got the construction work, as per which a wooden bridge was to be constructed at Athonibari PWD road. He in his deposition stated that the contractor had engaged the accused appellant alongwith other accused, the deceased and the PW. On 12.7.1993, Rajesh Ali, i.e., the deceased brought the wages from the contractor. They used to stay in a tent near the bridge. They demanded the deceased that the money should be equally distributed.

8. As per the further statement of this PW-1, when all were asleep, he heard a sound at about 12 mid-night and woke up. He then came out of the tent and saw the deceased struggling for life in an injured state near the tent. Armed with crowbar, the accused appellant and Omar Ali were standing nearby. He in his deposition further stated that he could see the accused appellant hitting the deceased on the back of his head with the said weapon and the deceased died. Out of fear, when he wanted to escape, the accused appellant got hold of him and threatened him that he would also be killed, unless he maintained silence. On being instructed by both the accused, the PW-1 helped them out in burying the dead body in one end of the bridge