H. Baruah, J.

1. A challenge has been made as to the legality and correctness of the Judgment and Order of conviction dated 15.09.2004 rendered by the learned Addl. Sessions Judge (Adhoc), Kamrup passed in Sessions Case No. 50(K)/2004 by which all the appellants were convicted and sentenced to suffer life imprisonment and fine of Rs. 5000.00 each, in default to suffer additional one year simple imprisonment under Section 302/34 I.P.C. Feeling aggrieved by the aforesaid Judgment and Order the instant appeal has been filed by the appellants.

2. For the purpose of appreciation of the appeal it would perhaps be appropriate for this Court to place the case of the prosecution at this stage which runs as under.

DW 1, Smti Padumi Kalita is the wife of the deceased Ratneswar Kalita. The appellant Srimanta Haloi @ Melo is the brother-in-law of the deceased. The appellant Shri Khagen Haloi @ Sukuram Haloi is his father-in-law. The appellants Shri Ramesh Talukdar and Ranjit Das are co-villagers of the deceased Ratneswar Kalita. On the previous day of the occurrence, DW1 the wife of the deceased had been to her maternal home and stayed for the night. In the evening hours of 29.04.2000, dec