JUDGMENT :

Dinesh Maheshwari, J.

1. This appeal is directed against the judgment and order dated 17.09.2009, as passed by the Gauhati High Court in Criminal Appeal No. 79 of 2006, whereby the High Court has dismissed the appeal filed by the present appellants and has affirmed the judgment and order dated 16.02.2006, as passed by the Session Court, Cachar, Silchar, Assam in Sessions Case No. 37 of 2003 convicting the appellants of offence under Sections 302/34 Indian Penal Code, 1860 (‘IPC’) and awarding the sentence of rigorous imprisonment for life and fine of Rs.1,000/- each with default stipulations.

2. Briefly put, the relevant background aspects of the matter are as follows :

2.1. On 01.10.1999, at about 10 a.m., PW-1 Amrit Tanti lodged an F.I.R. at the Ghungoor Police Outpost, stating that on the previous day, at about 12:30 midnight, while he was returning home from Sonai after an election campaign, he found a man lying in front of Congress Party's election office near the shop of PW-5 Joynarayan. According to the informant, from the light of an electric lamp, he could identify the man lying on the ground to be his younger brother Amar Tanti. He went home and came to know from h