P.K. Musahary, J.

1. This appeal is preferred against the judgment dated 7.5.2011 passed by the learned Sessions Judge, Goalpara convicting the accused-appellants under Section 302 IPC and sentencing them to undergo rigorous imprisonment for life and to pay fine of Rs. 10,000/- only each, and in default, to undergo rigorous imprisonment for one year in Sessions Case No. 98/2004 arising out of G.R. Case No. 905/2003, registered under Section 447/ 302/ 34 IPC in connection with Lakhipur P.S. Case No. 137/2003. The prosecution case is based on a written F.I.R. lodged by one Md. Sayed Ali with the Jaleswar Police Outpost informing that on 2.10.2003 at about 5 P.M., while the informant's elder brother Md. Saburuddin raised objection to erection of boundary fence the convict appellants, who are neighbours, encroaching upon his land was severely beaten up by all the convict appellants resulting into his death on the spot, whereupon Lakhipur P.S. Case No. 137/2003 was registered under Section 447/ 302/ 34 IPC. The I/O started investigation, visited the place of occurrence, held inquest, recorded statements of witnesses, sent the dead body for postmortem examination, collected the re