JUDGMENT AND ORDER

Barman Roy, J. - This appeal is directed against the Judgment and order of conviction and sentence dated 30.7.1990 passed by the learned Sessions Judge, Nagaon in Sessions case No. 48 (N-H)/87.

2. By the said Judgment, appellant No. 1 Md. Alimuddin was convicted under Section 302 I.P.C. and sentenced there under to suffer imprisonment for life and to pay a fine of Rs. 2000/- and in default of payment to undergo rigorous imprisonment for a further period of 6 months. Appellant No. 2 Md. Samsuddin was convicted under Section 324 read with 34 I.P.C. and sentenced there under to suffer imprisonment for 6 months. However, though appellant No. 3 and 4, namely, Md. Alimuddin and Md. Fakaruddin were convicted under Section 324 read with 34 I.P.C., they were ultimately released on probation of good conduct.

3. On 6.9.1985 at or about 9 A.M. Smt. Meherunnesa (P.W. 1) wife of deceased Tasir Ali, lodged a written complaint at Hojai Police Station alleging, inter-alia, that on 5.9.1985 at or about 9 P.M. present appellants and one Sri Md. Imamuddin being armed with lathi, spear etc. trespassed into the compound of the house of the complainant and injured her husband (deceased