FACTUAL ASPECT

1. The appellants are accused nos. 3, 1, 6 and 7 respectively. The appellants have been convicted for the offences punishable under Section 302, read with Section 149 of the Indian Penal Code (for short, ‘IPC’). The allegation against the appellants is of committing culpable homicide amounting to the murder of one Sahabuddin Choudhury. The incident is of 3rd February 2013. There were eight accused who were tried for the offence. Out of the eight accused, the Trial Court convicted five. One died during the pendency of the trial. An appeal against conviction was preferred before the High Court. By the impugned judgment, the High Court confirmed the appellants' conviction. However, the High Court set aside the conviction of accused no. 5. The case of the prosecution is that accused no. 1 (Md. Abdul Kadir) picked up the victim of the offence from his residence at 4 pm on the date of the incident and took him to Bhojkhowa Chapori Bazar. The accused killed the victim behind L.P. School by assaulting him with a sharp weapon.

SUBMISSIONS

2. Learned senior counsel appearing for the appellants has taken us through the notes of evidence of the material prosecution witnesses. He po