JUDGMENT

Phukan, J.-Four brothers were booked for trial under Section 302 read with Section 34 and other lesser offences of the Indian Penal Code. The Sessions Judge acquitted one accused namely, Aas Mohammed and the High Court acquitted another accused (Sher Mohammed). The High Court affirmed the conviction of two other brothers, namely, Majid and Bashir who have filed these two appeals by special leave and we are disposing of the appeals by this common judgment.

2. On the intervening night of August 11/12, 1995 in the wee hours i.e. about 4 a.m. Smt. Hamidi and her husband Abdul Rahim (PW-7) were subjected to murderous assault and at that time their minor son Hasham (PW-6), aged about 11 years, was the only person present. Both Smt. Hamidi and her husband Abdul Rahim became unconscious and fell down. Hasham saw the assault, raised an alarm and persons from nearby houses came to the house of Abdul Rahim. At about 5.50 a.m., Hasham (PW-6) was taken to the Police station by Jamaluddin, Shaurab and Tahir where Hasham was purported to have made a statement on the basis of which the First Information Report was recorded. In this statement, Hasham was alleged to have made a statement