Neelam, J. :- This appeal is directed against the judgment of conviction and sentence so passed by the learned Sessions Judge, Nalbari on 13-9-93 in Sessions Trial No. 34(N) of 1989, by virtue of which all the above named accused-appellants are convicted under Section 302 read with Section 34 of the Indian Penal Code and they are sentenced to undergo rigorous imprisonment of life and also to pay a fine of Rs. 2,000/- (Two thousand) each in default to undergo rigorous imprisonment for two years.

2. The case of the prosecution, in short, as given by the first informant Sabi Banu Bibi alias Safura Begum the mother of the deceased who figures as P.W. 1 (ejahar Ext. 1) is that in her native village No. 3 Kalipur under Tamulpur Police Station at about 5 O Clock in the morning on 12-10-1987 when her son Baharul Islam had gone to ease himself, all the accused-appellants variously armed seriously injured him by piercing deadly weapon in his chest and abdomen and when he raised alarm the miscreants fled away. The names of the accused-appellants are so detailed in the ejahar with the deadly weapons to be seen in their hands by the first informant at that time.

3. On the basis of the ej