Wangdi, J.

In this Appeal, the Appellant seeks to assail the judgment dated 14-03-2008 passed by the Learned Sessions Judge, South and West District at Namchi in Sessions Trial Case No.30 of 2004 by which he and Rudra Thapa, Accused No.1, were convicted for offences under Sections 302/201/379/34 of the Indian Penal Code (in short “IPC”) and sentenced to undergo imprisonment for life.

2(a). To state the prosecution case briefly, on 01-07-2004 one Devi Prasad Sharma, priest of Kali Mandir, 16th Mile Jorethang-Melli Road, appeared at the Jorethang Police Station and orally informed that in the early morning of that day he saw a person lying on the cliff below the road in front of the Kali Mandir.

(b) On this information, PI C. Chopel, P.W. 25, O/C Jorethang Police Station, rushed to the place accompanied by available staff from the Police Station and found an unidentified dead body of a male aged about 30-35 years thrown into the bushes about 30' below the road on the cliff for concealment lying in a supine position with head upside down. On retrieving the body, a cut injury measuring 7'' long and 4'' deep was noticed on the right nape which indicated the death to be homicidal in