JUDGMENT :

HEMANT GUPTA, J.

1. The present appeals arise out of common judgment dated November 25, 2011, maintaining conviction and sentence on the appellants for causing death of Netai Mohanta.

2. An FIR was lodged by Bhola Mohanta (PW-1), brother of the deceased, on December 28, 2004. The original FIR was lodged in Bengali language (Exh. 1), which was later translated in Nepali language. Bhola Mohanta (PW-1) in his statement has stated that his brother had gone to Rabom Power House at Lachung along with his family with the accused Ranjit Haldar to work as Carpenter. He further stated that his deceased brother, Netai Mohanta, was murdered by accused Ranjit Haldar along with his nephew Puran Bandhu Mondal and Mamta Mohanta, wife of the deceased. He also stated that the body of his deceased brother was buried inside the house at Rabom where they used to stay.

3. On the basis of his statement, the investigations were undertaken by Rinzing Palzor Bhutia (PW-15). He deposed that he availed the services of one Krishna Kanta Burman for translating the contents of FIR, lodged by Bhola Mohanta, from Bengali language to Nepali language. He visited the place of occurrence at the house belonging