JUDGMENT :

A.M. Khanwilkar, J.

This appeal takes exception to the judgment and order dated 4th January, 2008, passed by the Gauhati High Court in Criminal Appeal No.323 of 2004, confirming the conviction of the four appellants for offences punishable under Section 302/34 of I.P.C. as recorded by the Additional Sessions Judge, No.2 (Ad-hoc) at Sivasagar in Sessions Case No.27(S-C) 2003. Initially, six accused were tried for the stated offence. Amongst them two accused came to be acquitted by the Trial Court on the finding that no tangible evidence was produced to establish their guilt. The four accused, who are appellants herein, however, came to be convicted by the Trial Court. They preferred an appeal before the High Court which came to be dismissed. The High Court, however, reversed the observation of the Trial Court that PW-5 (Lakhiram Kurmi) was an eyewitness. In that sense, the Trial Court as well as the High Court proceeded on the basis that it was a case of circumstantial evidence to establish the complicity of the appellants. The Trial Court in paragraph 35 recorded the circumstances as follows:

"(1). Jugeswar Kurmi visited the house of Lakhiram Kurmi (PW-5) on the night and a