H.N. Sarma, J.

1. Being unable to accept the verdict of acquittal passed by the learned Sessions Judge, Morigaon acquitting the accused/respondents from the charges under Sections 147/447/448/323/325/436, IPC in Sessions case No. 16 of 2000 vide judgment and order dated 31-8-2001, the State of Assam preferred this appeal.

2. Heard Mr. K. Munir, learned Addl. PP, Assam for the State of Assam and Mr. HRA Choudhury, learned Sr. counsel assisted by Mr. I. Uddin, learned advocate for the accused/respondents.

3. The prosecution case was initiated on the basis of an FIR dated 21-2-1996 lodged by one Must. Pariban Nessa with the O/C, Morigaon Police Station who was examined in the case as P.W. 1 alleging inter alia that on 20-2-1996 at about 8.00 p.m. while her son Md. Mazibur Rahman was returning home an altercation took place with the accused persons who were engaged in erecting a gate for the Idd festival and after his returning home the accused persons namely Azad Ali, Tazimuddin Suleman Ali, Firoz Ali, Irfan Ali, Nurul Haque, Md. Pipili, Abu Hussain Babuli, Dilwar Hussain and Danti armed with dao, lathi etc. trespassed into their compound and assaulted her husband Md. Habibur Rah