NELSON SAILO, J.

This is an appeal against the judgment dated 10.12.2013 passed by the learned Sessions Judge, Sivasagar in Sessions Case No. 167 (S-S)/2010 whereby, the accused-appellant (‘appellant’) was convicted under section 302 of the Indian Penal Code (‘IPC’) and he was sentenced to life imprisonment and to pay fine of Rs. 5,000 with a default clause.

2. The case of the prosecution in brief is that an FIR was lodged by one Simanta Gogoi on 22.7.2010 before the Officer-in-charge of Sivasagar Police Station to the effect that at around 1 O'clock the previous night, Sri Mohan Saura, a worker in his stone factory informed him that Sri Prabin Saikia who used to work as a driver in his factory and was living in a rented house near his residence was severely injured after being hit by a vehicle. That he was brought in a moribund state from the place of accident and was kept in the labourer's quarter within the factory campus. When he went to the place where Prabin Saikia was kept, he found him dead. He then informed Sivasagar Police Station about the incident over phone and since he suspected that he might have been murdered, he lodged an FIR. The FIR dated 22.7.2010 is reproduced below for better appreciation:

“To,

The Officer-In-Charge Sivasagar Police Station Date 22.7.2010

Sub: FIR

Sir,

Humble submission is that last night around 1 O'clock while I was sleeping at my house, Sri Mohan Saura, a worker of my stone factory came to my house, awoke me by shouting and informed me that Prabin Saikia who used to work as driver in my factory and who used to live in a rented house near my residence, had been severely injured upon being hit by a vehicle. He also informed me that the said driver was brought in a moribund state from the P.O., i.e., pucca road in front of the house of Smt. Guhi Konwar and kept him in the labourer's quarters within the factory campus. Immediately thereafter I accompanied by two neighbours went there and fund that Prabin Saikia had already died. Immediately I informed the Sivasagar P.S. about the incident over phone. I saw blood sticking to the wall of the room in which Prabin Saikia was lying. However, I could not notice it properly as it was night.

As I suspect the incident to be a murder I have lodged this FIR to take necessary action in this regard and oblige.”

Yours faithfully

Sd/- Sri Simanta Gogoi

S/o Sri Jogendra Nath Gogoi

Kathpar Gaon”.’

3. Sivasagar Police Station Case No. 387 of 2010 under section 302, IPC was then registered and the Officer in-charge of the Police Station, i.e., Sub-Inspector Sri Khirod Dey himself investigated into the case. Upon completion of the investigation, charge sheet was filed before the Chief Judicial Magistrate, Sivasagar whereafter, the case was committed to the Sessions Judge, Sivasagar. Charge under section 302, IPC was then framed against the appellant and to which, he pleaded not guilty and claimed to be tried. Consequently, trial began against the accused.

4. During trial, the prosecution examined as many as 10 prosecution witnesses while the defence did not produce any witness for examination. The accused was then examined under section 313 of the Code of Criminal Procedure. Be it stated herein that the Judicial Magistrate First Class, Sivasagar had also recorded the confessional statement of Sri Bikash Gogoi (PW-4) under section 164, Cr.PC. Upon completion of the trial, the learned Sessions Judge, Sivasagar vide Judgment dated 10.12.2013 convicted the appellant under section 302, IPC and sentenced him to undergo imprisonment for life and a fine of Rs. 5,000 with a default clause.

5. Mr. AR Shome, the learned counsel for the appellant submits that from the evidence of the PW-1 and PW-9, it can be seen that during the trial, the prosecution witnesses had improved their case in as much as their deposition or version before the trial court was not similar to what they had stated before the police in their statements recorded under section 161 of the Cr.PC. He submits