Manojit Bhuyan, J.

1. The appellant Bogai Bouri has been convicted under Section 109/302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine and default stipulations for the death of Mohammed Hussain @ Faruk. Three other persons were jointly tried for the murder of Mohammed Hussain and convicted under Section 302/34 IPC and also sentenced to suffer rigorous imprisonment for life.

2. The prosecution case is that on 08.07.2010, in between 4:30 to 6 P.M., Mohammed Hussain @ Faruk of Dakhin Hengera Tea Estate was assaulted by the three other co-accused’s at the instance of the appellant by means of sharp objects. The place of occurrence was beside the road of Line No. 6 of the Tea Estate, where the mutilated body of Mohammed Hussain was found in a ditch. Ejahar dated 10.07.2010 came to be lodged by Mohammed Rohimuddin Ali (PW2), who is the son of the deceased and the same was registered as Golaghat P.S. Case No. 348/2010 under Section 302 IPC. In course of investigation the appellant along with the other three accused’s were arrested and upon completion of investigation, charge sheet was submitted for committing offence under Secti