Arun Chandra Upadhyay, J.

1. In all 10 (ten) accused/Appellants above named were put on trial, in Sessions Case No. 48 of 2004, for commission of offence under Sections 147/148/323/324/341/302/149 IPC. On the conclusion of trial the learned Addl. Sessions Judge (FTC), Barpeta, by his judgment and order, dated 29.08.2007, convicted accused/Appellants No. 1 and No. 2 under Sections302/149/341/147/148 IPC and sentenced each of them to undergo rigorous imprisonment for life with fine of Rs. 2,000/- each, in default to undergo further rigorous imprisonment for two (2) months each, for commission of offence under Sections 302/149 IPC. However, no separate sentences were imposed on the Appellant Nos. 1 and 2, for commission of other offences.

2. By the same judgment and order, the learned trial Court convicted the Appellants Nos. 3, 4, 5, 6, 7, 8, 9 and 10 under Sections 147/148/323/149 IPC and sentenced them to undergo rigorous imprisonment for one (1) year, for offence under Sections 147/148 IPC and for two (2) months each for commission of offence under Section 323/149 IPC. Apart from convicting and sentencing the Appellants as aforesaid, the learned trial Court also convicted accused Appellants Nos. 6 and 10, respectively, under Section 324 read with Section 149 IPC and sentenced each of them to suffer RI for six (6) months.

3. We have carefully perused the entire record including the impugned judgment and order. We have heard Mr. M. U. Mahmud, learned Counsel appearing for the Appellants and Mr. D. Das, learned Addl. Public Prosecutor, representing the State of Assam.

4. The case of the prosecution, as unfolded at the trial, may, in brief, be described thus:

On 8.4.1999 at about 7 a.m. in the morning when Idrish Ali, uncle of informant (PW-1) was in his paddy field, all of a sudden, Thandu Mia, Sahidul Islam, Major Ali, Fazal Hoque, Musstt. Sayeda Begum, Musstt. Rejia Khatun, Musstt. Tara Bhanu, Musstt. Haliman Nessa and Musstt. Noor Nehar, attacked and assaulted Idrish with "dao", "lathi" and "dagger". In the attack, Thandu Mia assaulted the deceased with a "lathi" and Sahidul Islam hacked the deceased with a "dao". As a result of assault Idrish Ali died at the spot. After the said incident, Hasen Ali (P.W. 1), i.e., the first informant and his mother advanced towards the place of occurrence together with Abdul Bashir (PW-3), Tayeb Ali (PW-2) and Hakim Uddin (PW-7) in a run to save Idrish Ali. The accused/Appellants allegedly inflicted injuries by means of 'dao' and 'lathi' upon all the witnesses.

5. The informant Hasen Ali, nephew of the deceased lodged a written 'Ejahar' before the I/C, Barvitha O [out Post, under Baghbor P. S. On receipt of the said 'Ejahar', the I/C Barvitha made a G. D. entry No. 100 dated 8.4.1999 and forwarded it to the O.C. Baghbor P.S., for registration of a case. Accordingly, the O.C. Baghbor P.S. registered Barpeta P.S. Case No. 52 of 1999, under Sections 147/148/341/325/326/302 IPC and launched investigation.

6. On completion of the investigation, the Investigating Officer laid charge sheet against the accused Appellants alleging commission of offence under Sections 147/148/341/325/326/302IPC.

7. During trial, learned trial Count framed formal charge under Section147/148/323/324/341/302/149 IPC, against the accused. On reading over and explaining the charge afore noted, all the accused pleaded not guilty and claimed to be tried. The prosecution examined as many as 11 (eleven) witnesses including the informant (P W-1), Investigation Officer I. O. (PW-10), and the doctor (PW-8), who carried out the post mortem examination of the dead body of the deceased.

8. The learned trial Court on completion of the examination of the prosecution witnesses, examined the accused as per provision of Section 313 Code of Criminal Procedure. The accused in their examination aforementioned, denied that they had committed the offence alleged against them. No evidence was adduced by the defence. On completion of the trial,