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 daught