JUDGMENT :

1. Heard Mr. H.I. Choudhury, learned counsel for the appellant and Mr. R.R. Kaushik, learned Addl. PP, appearing for the State of Assam.

2. The present appeal is directed against the judgment and conviction dated 09.05.2011 passed by the learned Sessions Judge, Hailakandi in Sessions case No.59/2006 under sections 304(B)/34 IPC convicting the accused appellants and sentencing them to suffer rigorous imprisonment for 7 (seven) years each.

3. The prosecution case was launched on the basis of an ejahar dated 16.07.2005 filed by the PW-4 (Sunil Debnath) inter alia alleging that his sister who was found dead with burn injuries in a naked condition and she has been killed by the accused persons named in the FIR.

4. On receipt of the FIR, the officer in charge, Hailakandi PS registered Hailakandi PS Case No.0225/2002 under sections 304 B/34 IPC for investigation. Accordingly, the investigation was conducted and thereafter charge sheet was filed under sections 304 (B)/34 IPC. The accused persons are the husband, brother in law and sister in law of the victim. After investigation, investigating officer laid charge sheet, however, the brother in law was not sent for trial for want of