P.G. Agarwal, J.

1. In Sessions Case No. 82/1998, three accused-Appellants, namely, Shri Ram Das Panika, (A1) Shri Pardeshi Garh (A2) and Shri Sankar Barik (A3) were tried by the Sessions Judge Dibrugarh and on conclusion, they were convicted under Section 302 read with Section 34 IPC and were sentenced to suffer/undergo Rigorous Imprisonment for life and also to pay fine of Rs. 4,000 each and in default to suffer further Rigorous Imprisonment for two years more. Hence, their case.

2. We have heard Mrs. Rita Borbora, learned Amicus Curiae, appearing for the accused-Appellants and Mr. D. Das, learned Public Prosecutor, Assam, appearing on behalf of the Respondent.

3. The matter relates to the killing of Manbat Garh, on 5.5.1998 at about 8-30 AM, at Baraline Road of Maud Tea Estate, under Tengakhat Police Station. The death of the deceased, Manbat Garh had occurred as a result of injuries sustained as has been deposed by a number of witnesses including his wife.

4. As per the evidence of Dr. M.N. Gogoi (P.W. 3), who held post-mortem examination over the dead body of Manbat Garh, he found as follows:

Injuries:

1) One incised wound on the right side of the neck in the middle part cut