JUDGMENT :

1. Heard Ms. B. Sarma, learned Amicus Curiae for the appellants. Also heard Ms. S.Jahan, learned Additional Public Prosecutor for the State of Assam.

2. This jail appeal has been registered on receipt of an appeal petition filed by the appellants, namely, Sri Anil Basumatary and Smt. Lakhimaya Basumatary, through the Superintendent, Central Jail, Tezpur, impugning the judgment and order dated 07.05.2019, passed by the learned Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 96/2018.

3. By the impugned judgment, the appellants are convicted under Section 304 Part I/34 of the Indian Penal Code and have been sentenced to undergo rigorous imprisonment for 7(seven) years each, with a fine of Rs. 5,000/- each and in default of payment of fine to undergo simple imprisonment for 2(two) months each. Both the appellants are presently detained in the Central Jail, Tezpur, Sonitpur.

4. The facts relevant for consideration of the present appeal, in brief, are as follows:-

i. That on 18.02.2018, at about 8:23 PM, one Smt. Junu Musahary had lodged an FIR before the Officer-In-Charge of Missamari Police Station, inter-alia, alleging that on 17.02.2018, at about 10:00 PM, the present