JUDGMENT

Dr. ANAND, J.:—Anil Phukan and his brothers Mahendra Phukan and Jojneswar Phukan were tried for an offence under Section 302/34 IPC for the murder of one Trinayan Chandra Baruah on 21-3-1976 at about 8 p.m. The learned sessions Judge convicted all the three brothers for the said offence and sentenced each one of them to suffer imprisonment for life. An appeal was preferred by all the three brothers against their conviction and sentence in the Gauhati High Court. A Division Bench of that court vide judgment dated 6-11-1984 upheld that conviction and sentence of above three. A Special Leave Petition (Cri.) No. 561/ 80 is preferred by Mahendra Nath Phukan and Anil Phukan, the third brother Jojneswar, however, did not file any special leave petition. On 2-9-1985, the special leave petition as regards Mahendra Nath Phukan was dismissed while notice was issued in the petition as regards Anil Phukan. Subsequently, on 29-10-1985, special leave was granted to Anil Phukan and on 29-4-1986, he was also directed to be released on bail to the satisfaction of the Chief Judl. Magistrate, Golaghat, Assam. We are, therefore, at this stage concerned only with the criminal appeal, by special