JUDGMENT :

K.R. Surana, J.

Heard Mr. A. Ahmed, learned Amicus Curiae appearing for the appellant as well as Ms. S. Jahan, learned Addl. P.P. for the State.

Judgment impugned in this appeal

2. This appeal by the appellant-convict from jail has been filed under section 374(2) Cr.P.C. read with section 383 Cr.P.C. The appeal is directed against the judgment and order of conviction dated 18.03.2019, passed by the learned Addl. Sessions Judge No.1, Nagaon in Sessions (T1) Case No.51(N)/2017, under section 302/201/34 IPC by which the appellant was held to be guilty of committing offence under section 302 IPC and was sentenced to undergo RI for life and to pay fine of Rs.1,000/-with default stipulation and he was also convicted for committing offence under Section 201 IPC and was sentenced to undergo RI for 5 years and to pay a fine of Rs.1000/-with default stipulation.

Case of the prosecution :

3. The prosecution case is that on 17.03.2017, Smt. Juma Bora, wife of Jaan Bora informed the Kaliabor Police Station that her husband was missing since 13.03.2017, and that his mobile was switched off. Accordingly, a G.D. Entry No. 316 dated 17.03.2017 was recorded at 8.00 a.m. ASI Pinaki Acharya (PW-1