JUDGMENT :

M.R. Pathak, J.

Heard Mr. Debarshi Kumar Bhattacharya, learned Amicus Curiae for the accused appellant and Mr. Hrishikesh Sharma, learned Additional Public Prosecutor, appearing for the State.

2. This criminal appeal is against the judgment and order of conviction and sentence dated 14.12.2015 passed by learned Additional Sessions Judge, Nagaon, in Sessions (T-1) Case No. 552(N)/2013, arising out of Raha Police Station Case No. 194/2013, corresponding to G.R. Case No. 3222/2013, filed by the accused appellant Ratul Nath from jail whereby he has been convicted under Section 302 IPC and sentenced to undergo rigorous imprisonment for life with fine of Rs. 10,000/-, in default of payment of fine to undergo a further term of simple imprisonment for 1 year.

3. The appellant is presently in jail in terms of the said impugned judgment and order of conviction and sentence dated 14.12.2015.

4. Brief facts of the case is that on 12.09.2013 in the evening at around 06:00 pm, one Pradip Kumar Nath (PW.6) informed Raha Police Station over phone that his nephew Krishna Nath, aged about 14 years, was found dead in the jungle at Borghat village under the jurisdiction of Nagaon Police Station in Nagaon district. Accordingly, GD Entry No. 308 dated 12.09.2013 was made in Raha Police Station and on receipt of the said information, police went to the place of occurrence. On the following day, i.e., on 13.09.2013, one Sri Kiran Nath (PW.1) lodged a written ejaharbefore the Raha Police Station, stating that on 12.09.2013 in the morning at around 07:00 am, his grandson Krishna Nath had gone missing from his home and after a long search around 05:00 pm, he was found dead in the jungle near Borghat erabari and he learned that the accused, Ratul Nath, in furtherance of his previously hatched plan called said Krishna Nath away from home and killed him. Said ejahar was accordingly registered as Raha Police Station Case No. 194/2013, under Section 302 IPC corresponding to G.R. Case No. 3222/2013.

5. During the course of the investigation, the concerned Investigating Officer visited the place of occurrence, drawn the sketch map, made inquest report on the person of the deceased, forwarded the dead body of the deceased to the Nagaon Civil Hospital for its post mortem examination, recorded the statements of the witnesses acquainted with the facts of the case under Section 161 CrPC, arrested the accused person of the case and sent him to Court, collected the post mortem examination report of the deceased and on completion of the investigation and finding sufficient incriminating materials against the accused person, regarding his involvement in commission of the crime in the case under Section 302 IPC filed the charge sheet No. 154 on 27.10.2013 in said Raha P.S. Case No. 194/2013 against the accused appellant. As Section 302 IPC is exclusively triable by the Court of Sessions Judge, the learned Chief Judicial Magistrate, Nagaon, by his order dated 13.11.2013, committed the said G.R. Case No. 3222/2013 to the Court of learned Sessions Judge, Nagaon, wherein the same was registered and numbered as Sessions (T-1) Case No. 552(N)/2013.

6. The learned Sessions Judge on 08.01.2014 framed charge under Section 302 IPC against the accused appellant for committing murder of Krishna Nath, aged about 14 years, that was read over and explained to him to which the accused appellant pleaded not guilty and, claimed to be tried. Accordingly, trial of the case commenced.

7. To prove the guilt of the accused, the prosecution adduced evidence of sixteen prosecution witnesses including the autopsy doctor (PW.11), as well as the concerned Investigating Officer of the case (PW.16). On completion of recording of evidence of prosecution witnesses, the learned Trial Court on 16.11.2015 recorded the statement of the accused under Section 313 CrPC placing all the allegations that were adduced by the prosecution witnesses against him. The accused denied all the allegations adduced by