N. Chaudhury, J.

The prosecution story in this case is that one Lakhi Gogoi, son of late Ramakanta Gogoi of Amguri Chraimuria Goan, lodged an ejahar with Amguri Police Station on 05.09.2008 stating that at about 1.30 a.m. i.e. on the previous night his brother Dipak Gogoi alias Bogai was killed by some miscreants at his residence while he was sleeping. The murder was committed by sharp cutting weapons. Amguri P.S. Case No. 79/2008 under Sections 302 of the Indian Penal Code was registered thereby and investigation was immediately started. The investigating officer visited the place of occurrence, prepared a sketch map, held inquest on the dead body by an Executive Magistrate and thereafter sent the dead body for post mortem examination. He seized incriminating articles from the place of occurrence and recorded statements of witnesses. In course of the investigation Mrs. Minati Borah Gogoi, the wife of the deceased, Manas Gogoi and one Binud Bikash Saikia were arrested. On the showing of Sri. Binud Bikash Saikia some more articles like Khukri, clothes and gloves said to have been involved in commission of the offence were also recovered in presence of witnesses. Accordingly