JUDGMENT

Ananda Kumar Mukherjee, J. - The appellants have assailed the impugned judgment and order dated 19.6.2009 passed by learned Additional Sessions Judge, Fast Track, 1st Court, Siliguri passed in Sessions Case No. 6 of 2003 corresponding to Sessions Trial No. 2 of 2006, wherein the appellants were convicted under Section 304 Part II/34 of the IPC and sentenced to rigorous imprisonment for six years each. Charge was framed against the accused persons under Section 304/34 of the IPC and they were called upon to answer the following charge:

'that you, two along with absconding accused Bal Bahadur in furtherance of common intention on or about 19.3.2003 at about 21-00 hrs in the house of you. accused Nima Lama committed culpable homicide not amounting to murder by assaulting and causing the death of Sante Biswakarma'.

2. The accused/appellants pleaded not guilty to the charge and claimed to be tried.

3. In order to prove the aforesaid charge, prosecution examined 12 witnesses and produced several documents as exhibits as well as material exhibits. The defence case of the appellants is that they have been falsely implicated in this case and they are innocent.

4. Mr. Himangshu De, learn