Aftab H. Saikia, J.

1. The earlier appointed Amicus Curiae Mr. B. Buragohain is found to be absent when the matter is taken up for hearing and accordingly Mr. J.I. Barbhuyan has been appointed as Amicus Curiae. Heard Mr. J.I. Barbhuyan, learned Amicus Curiae. Also heard Mr. K.A. Mazumdar, the learned P.P., Assam.

2. This criminal appeal has been preferred by the appellants from jail challenging their conviction under Section 302 IPC and subsequent sentence to undergo rigorous imprisonment for life passed by the learned Sessions Judge, Tinsukia in Sessions Case No. 137(T)/00 on 18.12.2001.

3. The prosecution case, in short, may be noticed. An F.I.R. was lodged with the Officer-in-Charge, Dumduma Police Station on 19.08.1994 by P.W. 2, Sri Khandru Nayak alleging that on 16.08.1994 (1) Shri Luka (2) Shri Kesha and (3) Sansai along with three others killed his neighbour Shri Suren Tanti and buried his body without anybody's knowledge. They also threatened him for the same consequence. Police registered a case and during investigation, exhumed the dead body of Suren Tanti from a graveyard and sent the dead body for post mortem examination. Police examined witnesses and arrested the