JUDGMENT :

1. Heard Mr. M. Sarania, learned counsel for the appellants. Also heard Mr. Bankim Sarma, learned APP appearing for the State. Although notice of this appeal is duly served on respondent no.2, none appears on call for the respondent no.2.

2. This appeal under section 374(2) Cr.P.C. is directed against the judgment and sentence dated 12.04.2021 passed by the learned Sessions Judge, Udalguri in Sessions Case No. 89(DU)/2017, thereby convicting the appellants under section 304 Part-I IPC and sentencing them to undergo rigorous imprisonment for 10 (ten) years and to pay fine of Rs.2000/-each in default the appellants were further ordered to undergo rigorous imprisonment for a period of 6 (six) months.

3. In this order, the informant, who is also the deceased victim is referred to as “victim”. The accused persons are referred to as the “appellants”.

4. The prosecution case in brief is that Boga Rajbongshi (victim), then injured and since deceased, had lodged an FIR on 12.07.2017, which was registered as Khairabari P.S. Case No. 27/2017 under sections 325/326/34 IPC with added section 302 IPC. In the FIR, it was stated that on 10.07.2017, at about 9.30 PM, while he was going t