B.P. Katakey, J.

1. This appeal is directed against the judgment of conviction dated 6.12.2008 passed by the learned Sessions Judge at Dhubri, in Sessions Case No. 117/2005, convicting the Appellants under Section 302/34, IPC and sentencing them to suffer rigorous imprisonment for life and to pay a fine of Rs. 10,000 each, in default to undergo simple imprisonment for 6(six) months each.

2. A first information report (FIR), (Ext.-11) was lodged by Md. Abdul Khaleque (PW-3), the brother of the deceased, on 9.1.2005, in Gouripur Police Station, alleging that at around 7 a.m. on 8.1.2005, on receiving information that his sister Mustt. Sabeda Bibi, married to Md. Abdul Kalam (Appellant No. 3), was hospitalized at Dhubri Civil Hospital for grievous burn injuries, he went to the hospital, where she informed him that her husband's elder brother Md. Azim Ali (Appellant No. 1) and the younger brother Md. Baten Ali alias Md. Abdul Baten (Appellant No. 2) on 8.1.2005 at about 3 a.m. entered her room and set her on fire by pouring kerosene over her body and when she raised a commotion, they ran away from the room and then immediately her husband Md. Abdul Kalam (Appellant No. 3) came ru