JUDGMENT

H.L. Dattu, J. —

1) This appeal is directed against the judgment and order passed by the Gauhati High Court in Criminal Appeal No. 63 of 2005, dated 26.04.2006, whereby and where under, the High Court has affirmed the order passed by the Sessions Judge, Hailakandi, in Sessions Case No.2 of 2002. The appellants are convicted under Section 302/34 IPC and sentenced to imprisonment for life and to pay a fine of Rs. 10,000/- each, and in default, to undergo further imprisonment for six months each.

2) The case of the prosecution is that, on 07.06.1997 at about 5.00 P.M. the deceased Fanilal Das was returning home on a rickshaw driven by Manilal Das (PW2). The deceased stopped the rickshaw near Shiva temple and after offering his prayer, he came back to the rickshaw and at that point of time, the appellants and others assaulted the deceased and, thereafter, forcibly took him to the house of Kunja Mohan where he was assaulted by all the accused persons. It is their further case, that, one Upendra Das informed the wife of the deceased about the assault on her husband by the appellants and on hearing the same, she came to the place of occurrence and saw the accused persons assaulti