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3. The prosecution case, in brief, is that the informant Ranjit Das lodged an Ejahar before the Officer In-charge Dhaligaon PS on 01/06/2007 stating inter alia that on 22/05/2007 Sunil Barman called his younger brother Bhutu Das to Hatiputa village from the labour camp at Kukurmari where he was residing. Since then his younger brother was missing. When he visited Dhaligaon PS to enquire about the matter in the evening of 22/05/2007, he came to know that one dead body had been recovered at village Vhiran on the bank of river Aye. One photograph of the dead body was kept in the police station. Having seen the photograph he could identify the dead body to be of his brother Bhutu Das. It is alleged that Sunil Barman killed his brother in a pre planned manner and left his body on the bank of river aye.

12. We have considered the submissions made by the learned counsel for the parties and perused the records.

13. Before proceeding further it may be necessary to ponder over the evidence of the witnesses recorded by the learned Trial Court.

14. PW-1 is the informant, brother of the deceased. He deposed in his evidence that in the year 2007 he along with 16-17 others came to Dhaligaon for the works of Power Grid. His deceased brother Bhutu Das also came with him. Originally, they were the residents of village Chikliguri under Samuktala P.S. in the state of West Bengal. He knew the accused Sunil Barman. He married the sister in law of his brother Bhutu Das. On 22/05/2007 at about 9 AM Sunil Barman came to their camp and took his brother to his house near the Aye River. His brother did not come back on that day. Thereafter they started searching for his brother but he was traceless. At that time accused Sunil was also not available at his house. After 5-6 days, finding no Page No.# 6/20 alternative he went to Dhaligaon P.S. and reported about his brother going missing. Then police showed one photograph of a dead body which he identified as the dead body of his brother Bhutu Das. Police told him that they found the dead body on 22/05/2007 at night at the bank of river aye. Thereafter, he lodged an FIR against Sunil Barman at Dhaligaon PS vide exhibit 1.

In his cross examination P.W-4 replied that they apprehended Sunil Barman out of suspicion. Later he made a confession. After Sunil had been apprehended Brahma slapped him. Thereafter, Sunil made his confession.

23. P.W-5 is Kiran Singh Brahma. He deposed in his evidence that one day about 7-8 years back at about 3-4 PM he was playing carom in front of his house at Viran Gaon. Then the SDO Chirang came there and took him to the bank of river Aye in a vehicle. Accused Sunil Barman was also in the vehicle. Showing the place of occurrence in the bank of river Aye, Sunil Barman told that he had killed a person. Though he uttered the name of the person but he did not remember the name.

In his cross examination, P.W-10 has clarified that in his inquest report he had Page No.# 11/20 mentioned the date of recovery of the dead body as 22/03/2007 which was a bonafide mistake.

28. P.W-11 is Ramesh Chandra Roy who was present when the inquest on the dead body of the deceased was held.

29. P.W-12 is Manjit Sharma, the investigating officer in the case. He deposed in his evidence that on 22/05/2007 he was working as OC of Dhaligaon PS in Chirang District. On that day, at about 6:15 PM one Buddha Dev Mushahari of village Viran Gaon came to the police station and informed verbally that a male dead body was lying on the bank of river Aye. On the basis of the said information he recorded Dhaligaon P.S. GDE no - 695 and entrusted ASI Upendra Nath Barman to take necessary steps for conducting inquest on the dead body and post mortem examination. Accordingly, inquest on the dead body of the deceased was conducted and thereafter, the dead body was sent for post mortem examination. Subsequently, on 01/06/2007 one Ranjit Das lodged an FIR stating that his younger brother Bhutu Das was taken by accused Sunil Barman deceitfully from the labour camp at Kukurmari and thereafter killed. The dead body was recovered on the bank of river Aye. Having seen the photograph of the dead body at the police station, he could identify that it was his missing brother Bhutu Das. On the basis of the said FIR a case was registered vide Dhaligoan P.S. case no- 49/2007 u/s 302 IPC against the accused Sunil Barman and he himself took up the case for investigation. In course of investigation, he had visited the place of occurrence and drew sketch map thereof vide exhibit 4. He had examined the witnesses and recorded their Page No.# 12/20 statements u/s 161 Cr.P.C and then he arrested the accused Sunil Barman in connection with the case. On interrogation Sunil had confessed his guilt that he killed the deceased by assaulting him with a stone and had agreed to show the place where he killed the deceased. Accordingly, he along with the Executive Magistrate, Chirang, Mridul Mahanta went to the place of occurrence, as led by the accused and identified the place of occurrence as shown by the accused. At the time of admitting his guilt at the place of occurrence, Karan Singh Brahma, Kharga Mohan Brahma and Hari Charan Brahma were present and he had also recorded their statements. Thereafter, on his transfer, he had handed over the case diary to his successor.