This is an appeal against the judgment and order, dated 18.11.2003. passed, in Case No. (Sessions Trial) 104 (NT/K) of 2002, by the learned Additional Sessions Judge (Fast Track Court), North Tripura, Kailashahar, convicting the accused-appellants under Section 302 read with Section 34 of the Indian Penal Code and sentencing them to suffer imprisonment for life.

2.The case of the prosecution may, in brief, be described as under:-

(i) On 29.4.2001, at about 9'00 hrs., Soleman Mia (since deceased) went to a field near Indo-Bangladesh Border with his cattle for grazing. While leaving his house, Soleman told his younger brother. Mainul Haque (P.W. 13), to meet him (Soleman) after some time. P.W. 13 accordingly left his house, at about 10.30 A.M., on 29.4.2001, to join his brother, Soleman. When PW13 (Mainul Haque) was proceeding to wards Indo-Bangladesh Border, he, suddenly, heard his brother Soleman's cries raised from the other side of aplace known as Chankala. On hearing Soleman's cries, P.W. 13 rushed towards the spot and found Fajar Ali (accused-appellant No. 1 herein) giving a blow with a dao on Soleman and. at that time. Md. Masuk Ali (accused-appellant No.2), armed with a lathi like weapon, was also present there. As P.W. 13 proceeded towards the accused-appellant, Fajar Ali threatened P.W. 13 and chased him (P W13) holding the dao in his hand. To save his life. P.W. 13 started running and entered into Bangladesh, he took shelter at the house of one Bangladeshi inside Bangladesh and he had to remain there for that day. On the following day, i.e., 30.04.2001, some people from Bangladesh took P.W.13 to the Post No. 1842 of Indo-Bangladesh Border to facilitate his entry back to India. P.W. 13 accordingly reached his house via a tea estate known as Hira Cherra Tea Garden.

(ii) On 29.04.2011, as Solemon had not returned home, the members of his family became worried and went on a search for Soleman, but failing to trace out his whereabouts, they, verbally, informed the officials of the BSF Camp about the fact that Soleman had become untraceable. On the following day, i.e. on 30.4.2001, at about 12.30/1.00 p.m.. Solemaifs dead body was found lying in the jungle near Indo-Bangladesh Border with cut injuries on his neck. On 30.4.2001, at about 4-5 p.m., one Manzir Ali informed police, over telephone, at Irani Police Outpost, which falls under Kailashahar Police Station, that one dead body had been found lying in Kalaigiri area. An entry was accordingly made, in this regard, in the General Diary of the said Outpost, the GD Entry being 695, dated 30.4.2001.

(iii)On the day of the occurrence, i.e.. 29.04.2001, at about 10-00 a.m., when PW-11, Jatua Darlong. was gra/ing his buffaloes near 1841 No. Border Post at Indo-Bangladesh Border, he heard somebody crying out "Mago, Mago" (i.e., '-Mother, Mother") and, out of curiosity, when PW-11 looked to the place from where the cries were being raised, he noticed accused Fajar Ali, accompanied by another man, who was of short height and who has been identified by P W 11 as accused Masuk Ali. Both the accused threatened PW-11 and asked him to go away, but before PW-11 left, he had seen Soleman being given blow, by Fajar Ali and his associate, with dao. Out of fear, PW-11 returned home and did not even come out to see Soleman's dead body when he came to learn that Soleman's dead body had been found.

(iv) P.W.14 (In-Charge of the said Police Outpost) came to the place, where the said dead body was found lying, a sketch map was accordingly prepared by him and inquest over the dead body was held and the same was sent for post mortem examination. On reaching the place, where the said dead body was found lying, PW 14 received oral information from Soleman's elder brother, Firkan Ali (P. W. 1), to the effect that on the previous day. i.e., 29.04.2001, at about 9-00 a.m., his elder brother (Soleman) had to the said area, taking his cows for grazing, but. since then, he did not return home,