JUDGMENT

DR. ARIJIT PAsAYAT. J.

1. Challenge in this appeal is to the judgment of the Division Bench of the Gauhati High Court dismissing the appeal filed by the appellants. The appeal was directed against the judgment dated 31.8.2004 passed by learned Additional Sessional Judge convicting the appellants for offence punishable under Section 302 read with Section 34 of the Indian Penal Code, 1860 (in short the IPC) And sentencing each to undergo imprisonment for life and to pay a fine of RS.2000/- with default stipulation.

2. Background facts in a nutshell are as follows:

2.1 On 27th December, 2000, at about 11.00 a.m.; one Probin Das, brother of Anil Das (hereinafter referred to as the deceased) made a complaint to the officer in charge of the Teok Police Station that at about 6 a.m., on the same day Shri Manik Das s/o Late Duti Das, Shri Bimal Das s/o Sh. Manik Das and Shri Dipak Das s/o Shri Manik Das along with two others assaulted his brother Shri Anil Das with spears thereby severely injuring him while he was ploughing the field. He also stated that deceased-Anil Das was taken to the Kakajan hospital for treatment but he died there Accordingly a case no. 35/2000 dated 27.12.2000