Prasanta Kumar Saikia, J.

1. This appeal is directed against the judgment and order dated 27.05.2009, passed by the learned Additional Sessions Judge, Sivasagar in Session Case No 39 (SS) of 2005, convicting Sri Khagen Buragohain, appellant herein, of offence under Section 302 IPC and sentencing him to imprisonment for life and a fine of Rs. 5,000/- i/d, R.I. for another six months for offence aforesaid. Being aggrieved and dissatisfied with the aforesaid judgment and order the appellant Sri Khagen Buragohain (hereinafter referred to as "accused person") has preferred the present appeal from jail citing several infirmities in the aforesaid judgment and order.

2. Heard Mr. Z. Alam, learned counsel for the appellant. Also heard Ms. S. Jahan, learned Addl. P.P.

3. The facts which are recorded in the FIR and which are necessary for disposal of the present appeal are that on 16.04.2002, the accused person lodged an FIR with Officer-in-Charge, Sonari Police Station alleging that on the night intervening 14th and 16th April, 2002 at about 2:30 a.m.., four unidentified persons came to his house while he was away from his house, entered there into and kidnapped his wife and four daughters and took them to some unknown destination.

4. One of his daughters, namely, Purabi Buragohain somehow managed to escape from the clutches of miscreants and ultimately she returned home next day in the morning. However, in the morning, the dead bodies of his wife and one daughter were found floating in the nearby Taukak River. Till the time of filing of the FIR, however, the bodies of two other daughters could not be traced out. Later on, the dead bodies of other two daughters were also found floating in the same river.

5. On receipt of the FIR, the O/C Sonari Police Station registered a case vide Sonari Police Case No. 68 of 2002 under Section 448/506/364/302/34 IPC and thereafter, O/C himself took up the investigation. During the course of investigation, the I.O. visited the place of occurrence, conducted inquest on the dead bodies and sent such bodies to Civil Hospital, Sivasagar for post mortem examination for ascertaining the cause of death of wife and daughters of the informant.

6. As the investigation proceeds, the sole surviving daughter of the accused person made statement before the Magistrate alleging that her own father had killed her mother and three daughters after forcing them to consume poison. She had also stated that before forcing them to take poison, the accused person took all of them to the bank of the nearby river and forced them to take poison.

7. In due course, the viscera, taken from the dead bodies, were sent to FSL, Guwahati. The report of the FSL comes in due course and according to such report, samples sent to the FSL gave positive test for "carbamate insecticido (Furadon)". On conclusion of the investigation, the I.O. submitted charge sheet under Section 302/201/211 IPC against the accused person and forwarded him to court to stand trial.

8. The learned Magistrate before whom charge-sheet was so laid committed the case to the Court of Sessions since the offence under Section 302 IPC is exclusively triable by the Court of Sessions. On the receipt of the case on commitment, the learned Session Judge, Sivasagar transferred the case to the file of the Additional Sessions Judge (FTC) for disposal of the case in accordance with law

9. The learned Sessions' Judge on receipt of the case on transfer and on hearing the learned counsel for the parties framed charge under Section 302 IPC against the accused persons and charge, so framed, on being read over and explained to the accused person, he pleaded not guilty and claimed to be tried. During trial, the prosecution side has examined as many as 16 witnesses including the M.O. who conducted autopsy on the dead bodies and the I.O.

10. The statement of the accused person was also recorded under 313 Cr.P.C.. The accused plea was of total denial. He however, adduced the evidence of three