Prasanta Kumar Saikia, J.

1. This criminal appeal is directed against the judgment dated 21.05.2010 passed by learned Sessions Judge, Barpeta, in Sessions Case No. 34 of 2005 convicting appellant Shri. Haren Patgiri and Shri. Basudev Das of offence under Section 302/148 IPC and sentencing them to imprisonment for life and a fine of Rs. 5,000/- each i/d R.I. for another 6(six) months for offence under Section 302IPC and sentencing them to R.I. for 6(six) months and a fine of Rs. 500/- each, i/d to undergo R.I. for another 1 (one) month for offence under Section 148 IPC. By the same judgment, learned trial court while acquitting accused Govinda Das and Gargeswar Das of offence under Section148/302/149 IPC also convicted (i) Hemanta Das, (ii) Basanta Patgiri, (iii) Dharjya Das, (iv) Aswimi Das, (v) Harekanta Das and (vi) Mohan Das of offence under Section 148 IPC, and sentenced all those accused persons to R.I. for 6 (six) months and a fine of Rs. 500/- each, i/d to undergo R.I. for another 1 (one) month for offence u/s. 148 IPC.

2. Being aggrieved by and dissatisfied with aforesaid judgment, the accused-appellants had preferred this appeal citing several infirmities in the judgment under challenge in this appeal.

3. The brief facts which have emerged during trial and which are necessary for disposal of the present proceeding are that on 05.05.2003, an FIR was lodged with in-Charge; Sarupeta Police Outpost by one Khagendra Nath Patgiri alleging that on 04.05.2003, at about 8:30/9:00 a.m.. while his brother Paban Patgiri was proceeding towards the paddy field, accused (i) Haren Patgiri, (ii) Basanta Patgiri, (iii) Hemanta Das, (iv) Dharjya Das, (v) Aswini Das, (vi) Harekanta Das, (vii) Mohan Das and (viii) Garge Das and (ix) Basudev Das attacked Paban Patgiri with lathi, spade etc hurting him grievously.

4. The injured was immediately shifted to Bhagmara Primary Health Centre (in short, PHC) wherefrom he was taken to Gauhati Medical College & Hospital, Guwahati (in short, GMCH) for treatment However, while undergoing treatment at Gauhati Medical College & Hospital, Guwahati, the injured breathed his last on the night of 04.05.2003. Having received an FIR in that connection,, in-charge, Sarupeta Police Outpost made a GD Entry No. 66 dated 05.05.2003 and forwarded the FIR to the O.C., Patacharkuchi Police Station for registration of a case and for doing further needful in accordance with law.

5. On the receipt of the said FIR, O.C., Patacharkuchi Police Station, registered a case vide Patacharkuchi PS Case No. 80/2003 under Section 147/148/149/325 IPC and ordered investigation. Since the victim died after the lodging of the FIR, offence under Section 302 IPC was also added to the case, so initiated against accused persons. During the course of investigation, the police officer who was entrusted with the preliminary investigation of the aforesaid case, visited the place of occurrence and recorded the statements of witnesses,

6. The said Police officer also seized some articles allegedly used in the committing the crime under consideration from the place of occurrence, did other needful and on the completion of the preliminary investigation, he handed over the case diary to In-charge, Sarupeta Police Outpost. Thereafter, one Mr. Abdul Jalil Choudhury, the then I/C Sarupeta Police Outpost, completed the remaining part of investigation and submitted charge-sheet under Section 147/148/149/325/302IPC against as many as 10 accused persons aforementioned and forwarded them to the Court to stand trial.

7. The Magistrate, before whom charge-sheet was so laid, committed the case to the court of Sessions at Barpeta since the offence under Section 302 IPC is exclusively triable by the Court of Sessions. On the commitment of the case and on hearing learned counsel for the parties, learned Sessions Judge, Barpeta framed charge under Section 148/149/302 IPC against the accused persons and charges, so framed, on being read over and explained to the