Conviction under Section 302 IPC requires proving common intention, which can be inferred from circumstantial evidence, even without a specific charge under Section 34 IPC.

1. By judgment and order, dated 21-3-2002, passed in Sessions Case No. S. T. 9 (NT / KMP) 2001, by the learned Additional Sessions Judge, Kamalpur, North Tripura, the accused - appellant stands convicted under S.302 read with S.34, I. P. C. and sentenced to suffer imprisonment for life and pay fine of Rs. 5,000/- and, in default of payment of fine, suffer simple imprisonment fora period of two years.

2. Prosecution's case may, in brief, be described thus :
(i) Deceased Rabindra Namasudra was the younger brother of Subodh Namasudra (PW 2). On 20-11-1999, at about 9/10 p.m., Niranjan Namasudra (since absconder), accompanied by the accused - appellant, Benu Namasudra, came to the house of Rabindra Namsudra and, calling him to the house of Subodh (PW 2), they took him to the house of Subodh (PW 2). Reaching the house of Subodh (PW 2), Rabindra (since deceased), accused - appellant, Benu, and Niranjan (since absconder), entered into the room of Subodh and started gossiping there. While they were so gossiping inside the hut, Jagadish (PW 3), who was passing through the road by the side of Subodh's house, entered into Subodh's house, on being called by Subodh (PW 2), and asked him as to who inside his (PW 2's) room was. Subodh (PW 2) informed Jagadish (PW 3) that Benu and Niranjan were gossiping with Rabindra. Jagadish (PW 3), then, peeped into the said room and found Rabindra, Niranjan (since absconder) and Benu (accused - appellant) sitting on a cot and gossiping, Jagadish (PW 3), then, sat by the side of Subodh, who was making pitcher with the help of cane and bamboo, and started talking to PW 2 at his courtyard. All of a sudden, they heard Rabindra's cries. Instantly, thereafter, accused Niranjan. holding a dao in his hand and accompanied by accused Benu, came out of the room, and, both of them threatened Subodh (PW 2) and Jagadish (PW 3) with dire consequences if any of them raised alarm. After the two accused fled away, Subodh (PW 2) informed his neighbours, including Aswani (PW 12), as to what had happened. Subodh's neighbours came to his house and they saw the dead body lying in a pool of blood inside the hut with injuries on neck, head, chest and belly.
(ii) Subodh (PW 2) and Jagadish (PW 3) went, as suggested by their co - villagers, to Salema Police Station on the very night of the occurrence and verbally informed the police officer there about the occurrence. But the police officer told them that Assam Rifle personnel were conducting raids in their locality and they would take action on the following morning. Both Subodh (PW 2) and Jagadish (PW 3) spent the night at the police station and returned, accompanied by the investigating officer, in the morning of the following day (i.e., on 21-11-1999), to the place of occurrence. By the time the police could arrive at the place of occurrence, co - villagers of the deceased, including his widow, had already gathered there and they were informed by Subodh (PW 2) and Jagadish (PW 3) as to what had happened.
(iii) Gobinda (PW 1), one of the brothers of the deceased, on coming to know, on the following day, in the morning, i.e., on 21-11-1999, about the fact that his brother, Rabindra, had been killed by Benu and Niranjan, went to Salema Police Station to lodge 'Ejahar' (i.e., written 'information regarding offence), but the police officer, present there, asked him, to being a formal written 'Ejahar' (information) as regards the occurrence, whereupon Gobinda (PW 1) went