JUDGMENT :

Hitesh Kumar Sarma, J.

1. This is an appeal under Section 374 of the Cr.PC against the judgment and order, dated 15.01.2019, passed by the learned Additional Sessions Judge, West Sessions Division, Basar, in Sessions Case No. 48/2017, convicting the accused-appellant, and sentencing him to undergo rigorous imprisonment for life and to pay a fine of Rs. 2,000/- with a default clause under Section 302 of the IPC.

2. An FIR was lodged on 23.09.2015, by Sri Lilung Chaber (PW 1), with the officer-incharge, Nacho Police Station to the effect that, on 20.9.2015, one Sri Tasok Hari (hereinafter referred to as "A2") and Sri Shiv Narayan Karmakar (hereinafter referred to as"A1"), killed his hand sawer Sol Telenga without any reason.

3. On perusal of the entire materials on record, it has come out that the deceased was killed at a place called Taksing. This place of occurrence is about 100 km away from the police station. On being informed by the PW 3 and PW 4 about discovery of a dead body, in the absence of the Circle Officer, his Political Interpreter (PW 6) gave an announcement through loud speaker to indentify the dead body. The dead body was ultimately identified to be of the deceased Sol Telenga.

4. After completion of investigation, the investigating police officer laid charge-sheet for offence under Sections 302/34 of the Indian Penal Code against both A1 & A2. In due course, after exhausting all required formalities, the learned Additional Sessions Judge, Basar framed a formal charge against both the accused persons under Sections 302/34 of the IPC. They pleaded innocence to the charge while explained to them. Therefore, the trial commenced.

5. The prosecution examined as many as 11 (eleven) witnesses, who are, except PW 3 and PW 4, cross-examined by the defence. After closure of the prosecution evidence, the statements of the accused persons were recorded under Section 313 of the Cr.PC. The accused-appellant, Tasok Hari (A2) admitted that he along with the co-accused (A1) and the deceased left the home of PW 5 together in the evening of 20.9.2015, stating further that it was the co-accused person (A1) who had killed the deceased. Similarly, A1 stated that although he had admitted committing murder of the deceased while arrested, out of fear of the co-accused (A2) Tasok Hari, yet, in fact, the deceased was murdered by the co-accused (A2) Tasok Hari. The accused persons examined themselves and another as defence witnesses in support of their respective plea.

6. We have heard Mr. M. Partin, learned Senior Counsel for the appellants and learned Additional Public Prosecutor, Ms. L. Hage for the state respondent. We have also perused the records of the learned trial court, the judgment appealed against and the evidence on record.

7. For convenience, we have first examined the evidence of the Autopsy doctor, PW 8. It has come out from his evidence that on the direction of the Deputy Commissioner, the Circle Officer/Executive Magistrate, disinterred the dead body of the deceased on 9.11.2015 and on that day itself the postmortem examination was done. On postmortem examination, he found as follows.

"I. External appearance;-

1. Condition of subject, stout emaciated decomposed etc.:- Semi decomposed found inhumed covered with green plastic and wrapped in purple bed sheet whose height 5 3" and dark in colour wear army dress shirt inside brown T-shirt, blue trouser and brown innerwear. Head extended with north open, both knee flexed right hand flexed. And left hand extended.

2. Wounds-position size and character:- Incised wound (5 X 1 cm) on dorsum of left hand cutting proximal phalange of middle finger and middle metacarpal bone.

3. Mark of Ligature on Neck Dissection etc.: Incised wound (3 X 2 cm) on the front of neck transversely flexed.

II. Cranium and Spinal Canal:

1. Scalp, skull, Vertebrae: Scalp developed adipocerous, soft, moist and greasy hairs are loose.

III. Thorax:

1. Larynx and Tracheae: was cut above the level of thyroid notch.

2.