MIR ALFAZ ALI, J.

1. This appeal is directed against the judgment and order passed by learned Addl. Sessions Judge, Rangia, in Sessions Case No.364/2014. By the said judgment, learned Addl. Sessions Judge convicted the appellant u/s 302/201 IPC and sentenced him to imprisonment for life and a fine of Rs. 100/- with default stipulation u/s 302 IPC and rigorous imprisonment for five years and fine of Rs. 1,000/- with default stipulation u/s 201 IPC.

2. As per prosecution case, on 12-02-2014, the victim Vikash Kalita left the house for going to Guwahati and thereafter, he went missing. On the next day, i.e., 13-02-2014 his body was found on the railway track, whereupon, a GD entry was made with the GRPS, being GD entry No. 202 dated 13-02-2014. On the basis of such GD entry, police registered a U.D. Case and post mortem examination of the body was conducted by Dr. Arunav Barau.

3. Dr. Arunav Borah (PW 25), who conducted the post mortem examination on the body of the victim, found the following injuries:

"Injuries

1. Crush injury present over the neck at the end of thyroid cartilage interiorly and cervical vertebrae C4 C5 C6 posterior with same part of skin, soft tissue and bone missing partially. All the layers of skin, muscles, nerves, blood vessels, bone, trachea, soft tissue, cartilage and spinal cord existed. Ante mortem blood clots are adherent over the wound margins which resist washing with running water along with grease mark. From the anatomical alignment, complexion, distribution of body hair and degree of decomposition both the parts are found to be of one and same individual.

2. Crush injury present over left shoulder with same part of skin, soft tissue and bone partially missing. All the layers of skin, soft tissue, muscle. Blood vessels, nerves and bone were crushed. Ante mortem blood cloths are adherent over the wound margins which resist washing with running water.

3. Laceration sizes 8 cm 3.05 cm oral cavity deep present over right cheek extending from right angle of mouth. 4.5 cm in front of right tragus and 1.5 above right angle of mandible."

4. In the opinion of the doctor, death was instantaneous, as a result of crush injuries sustained over the neck and all the injuries were ante mortem caused by blunt force impact and consistent with railway run over incident. Approximate time of death was within 6 to 12 hours before the post mortem examination.

5. On 16-02-2014, the father of the victim received an SMS from a mobile phone, which was subsequently detected to be of the father of the appellant. In the said SMS, the sender demanded Rs. 50,000/- to disclose the assailant of the victim. Upon receiving such message, PW 1, the father of the victim, lodged the FIR (Ext. 1) with the GPRS, Rangia, which was registered as GRPS Case No. 8/2014 u/s 302 IPC. The FIR was subsequently sent to Kamalpur Police Station, as the place of occurrence fell under the said police station, whereupon, Kamalpur P.S. Case No. 85/2014 was registered and investigation commenced. During investigation, police examined several witnesses and arrested the present appellant and the co-accused Nirmal Das. On conclusion of investigation, charge-sheet was laid against the present appellant and one Nirmal Das (acquitted) under Sections 302/201 read with Section 34 IPC and eventually both of them stood trial.

6. In course of trial, prosecution examined 25 witnesses to establish the charge. On appreciation of evidence, learned trial court convicted the present appellant under Sections 302/201 IPC and awarded sentence as indicated above. The co-accused Nirmal Das was acquitted by the learned trial court.

7. We have heard learned Amicus Curiae, Mr. D. Barua and learned Addl. Public Prosecutor, Ms. S.Jahan and learned counsel, Mr. R. Sharma for the respondent No.2. We have also meticulously gone through the record of the trial court.

8. The impugned judgment and the record revealed that there was no eye witness of the occurrence and the learned trial cour