JUDGMENT :

MANISH CHOUDHURY, J.

1. The instant criminal appeal under Section 374(2), Code of Criminal Procedure, 1973 (‘the Cr.P.C.’ or ‘the Code’ for short) is directed against a Judgment and Order dated 22.06.2022 passed by the Court of learned Sessions Judge, Karimganj (‘the trial court’ for short) in Sessions Case No. 88 of 2012 ( State of Assam vs. Md. Faruk Ahmed @ Faruk Ahmed Choudhury and Others ). By the said Judgment and Order dated 22.06.2022, all the three accused-appellants have been convicted under Sections 302 /34, INDIAN PENAL CODE and all of them have been sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/- each, in default of payment of fine, to undergo rigorous imprisonment for another period of 1 (one) year each.

2. The case of the prosecution, in brief, was that on 07.12.2009, a First Information Report (FIR) was lodged before the Officer In-Charge, Karimganj Police Station by the informant/PW-1. In the said FIR, it was inter alia alleged that at around 06-00/06-30 a.m. on 06.12.2009, the informant’s father, Masuk Ahmed Choudhury was going towards the pond to freshen up after getting up from bed. At that point of time, the accused no. 1,