Hitesh Kumar Sarma, J.

1. This Criminal Appeal has been preferred from jail by the appellant, Sri Hareram Keot, against the judgment, dated 12.07.2016, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 54(J-J)/2010 convicting the appellant for offence under Section 302 of Indian Penal Code and sentencing him to undergo rigorous imprisonment for life and fine of Rs. 20,000/-, in default, to suffer further rigorous imprisonment for 6 (six) months.

2. This is a tragic case of murder of 2 (two) young sons of the informant(PW 1) by the present accused-appellant and other co-accused. The fact leading to the case, as appears from the materials on record including the FIR (Ext-1) is that, on 19.03.2010, at about 11:30 am, deceased sons of the informant/PW 1, Pinku Keot and Prem Keot were working in their agricultural field, situated at Soklani Pathar Gaon, where the accused-appellant and his brother, on being instigated by their mother, inflicted injuries on the vital parts on their persons, resulting, ultimately, in their death at the place of occurrence itself.

3. On receipt of the FIR, a police case, being Pulibor P.S. Case No. 26/2010 was registered under Sections 114/302/34 of the IPC. The police investigated into it, collected evidence including causing of inquest of the dead bodies of the deceased as well as postmortem examination done, and finally, on completion of the investigation, laid the charge-sheet against the present accused-appellant and two others under the aforesaid provisions of law.

4. The learned trial court, after exhausting all the required legal formalities, framed a formal charge against the present accused-appellant and other co-accused under Sections 114/302/34 of the IPC and read over the same to them to which they pleaded innocence. Therefore, the trial commenced.

5. During the trial, on the basis of the evidence available on record, the learned trial court held co-accused, Ajoy Keot to be a minor, and therefore, his trial was segregated and referred to the jurisdictional Juvenile Justice Board. After examining 17 (seventeen) prosecution witnesses, the prosecution evidence was closed. After closure of the prosecution evidence, the statement of the accused-appellant and other co-accused was recorded under Section 313 of the Cr.P.C., and in their such statements, they are heard denying the accusations made against them. The defence declined to adduce any evidence. On completion of the trial, the learned trial court convicted the accused-appellant as indicated above while acquitting the co-accused, Sri Putuwa Keot.

6. We have perused the record of the learned trial court, including the evidence and the impugned judgment.

7. We have heard Mr. MBU Ahmed, learned Amicus Curiae, appearing for the accused-appellant as well as Mrs. S Jahan, learned Additional Public Prosecutor, appearing for the State of Assam.

8. Before proceeding to discuss about the alleged involvement of the accused-appellant with the commission of the murder of the deceased persons, let us examine the evidence of the Autopsy Doctor, who performed the post-mortem examination on the dead bodies of the deceased, vide Exts-6 and 7, respectively.

9. The evidence of the Autopsy Doctor, examined as P.W. 15, in respect of death of the deceased, Prem Keot are as follows:-

"One male dead body of average built aged approximately 22 years. Rigor-mortis present all over the body.

Wounds, Position, Size and Character:-

Severe cut mark [8" length X 4" breadth X 3" depth] seen on the right side of neck area. Right hand had gross cut injury at wrist joint level, just skin and few amount of tissues attached. Cut injury seen on left palmar region. Linear cut injury [4" X 3" X 2"] seen at the middle portion of chest.

Scalp, Skull & Vertebrae:- All are healthy and congested.

Membrane:- Healthy and congested.

Brain and Spinal Cord:- Brain congested.

Liver, Spleen, Kidneys and Bladder:- Healthy and congested. The bladder is partly filled with urine.

Walls,