N. Kotiswar Singh, J.

1. The present appeal has been preferred against the judgment and order dated 30.12.2003 passed by the learned Addl. Sessions Judge (Ad-hoc), Jorhat in Sessions Case No. 89(J-J)2002 by which the present appellants were convicted u/s 306/34 IPC and sentenced to undergo 5(five) years Rigorous Imprisonment with a fine Rs. 10,000/- each and in default, Simple Imprisonment for 2(two) years. Facts of the case as portrayed by the prosecution shows a rather shocking incident where a person, who was apparently a popular and respected person in the locality being unable to face the ignominy of being falsely accused of immoral behaviour by the present accused persons took the extreme step of ending his own life.

2. In the First Information Report lodged before the Officer-in-Charge of the Mariani P.S. on 02.12.1999, it was stated that the deceased Apurba Mahanta was serving as a Head Clerk (Railway Electrical) and while he was sleeping in his railway quarter at Kecha Colony in Mariani, at around 3 o'clock in the afternoon of 29.11.1999, the two appellants along with one girl, Mompi Dey, entered his house without his knowledge and consent with a bad intention. When he heard their voice, he woke up and tried to drive them away from the room. Unable to fulfill their lustful desire, the two appellants raised a hue and cry accusing that the deceased Apurba Mahanta had brought the girl with a bad intention and they then dragged the deceased from his house to an open space where some boys were playing cricket. There the two appellants beat him up with a cricket bat. Unable to bear this humiliation, the said Apurba Mahanta committed suicide by hanging from the ceiling fan in his quarter at night. It is further stated that at the time of holding inquest on the dead body, a suicide note was recovered from his pocket with the words "committed suicide unable to bear the humiliation" written on it. One of the office colleagues of the deceased identified the hand writing to be that of the deceased. On the basis of the aforesaid FIR, investigation was initiated. The said two appellants were subsequently charged u/s 306/34 IPC. The accused appellants pleaded not guilty and denied having committed the crime as alleged.

3. The prosecution examined as many as 10(ten) witnesses. Based on the evidences on record, the learned Addl. Sessions Judge, Ad-hoc, Jorhat (FTC) tried the appellants in the aforesaid Sessions Case No. 89 (J J) 2002 and the convicted the two appellants by holding that the prosecution had been able to prove the case against them u/s 302/34 IPC and were sentenced to undergo 5 years RI each and to pay a fine of Rs. 10,000/- each, in default of which to undergo two years of simple imprisonment.

4. At the trial, the learned Sessions Court framed the issue as to whether on 29.11.89 during the night at Railway Kecha Colony, Mariani, Apurba Mahanta had committed suicide by hanging from the ceiling fan and whether both the appellants in furtherance of their common intention abetted Apurba Mahanta to commit suicide as alleged by the prosecution. The learned Trial Court after having considered the medical evidence and other witness accounts and evidences came to the conclusion that the said deceased Apurba Mahanta committed suicide by hanging on the night of 29.11.99 which was abetted by the appellants and accordingly, convicted the appellants u/s 306/34 IPC.

5. The learned Trial Court on considering the suicide note, which was recovered from the body of Apurba Mahanta held that the said note was written by Apurba Mahanta, whose handwriting was identified by PW No. 4, Majin Chandra Khaplari, who was working in the office of the deceased. The learned Trial Court, on the basis of the aforesaid suicide note held that the deceased Apurba Mahanta committed suicide because of the blame placed on him by the accused persons.

The learned Trial Court also gave a finding that Apurba Mahanta was a person having social status and commande