Paran Kumar Phukan, J.

This appeal is directed against the judgment and order dated 15.12.2011, passed by the learned Addl. Sessions Judge, FTC No. 1, Tinsukia, in Session Case No. 185(M)/2010 convicting the accused appellant Sri Tarun Gogoi, of offence u/s 302 IPC and sentencing him to suffer Rigorous Imprisonment for life and to pay a fine of Rs. 1,000/- in default, to Rigorous Imprisonment for 1 month.

2. The factual aspect of the case sans unnecessary details is that on 17.09.2010, the informant Sri Budha Jyoti Das lodged an FIR with O/C, Pengeree P.S. alleging therein that on 14.09.2010, the accused Sukul Kurmi, Smti. Ganita Gogoi and Sri Tarun Gogoi brutally killed his elder brother Amar Jyoti Das in the house of Ganita Gogoi and then threw the dead body into the pond of Smti. Ganita Gogoi. Police registered the FIR and on conclusion of investigation submitted charge sheet against the three accused namely, Tarun Gogoi, Ganita Gogoi and Sukul Kurmi u/s 302/34 IPC.

3. The case was committed to the court of learned Sessions Judge and it came up for trial before the learned Addl. Sessions Judge, FTC, Tinsukia. The prosecution examined 9 witnesses including the official wit