The main legal point established in the judgment is the careful scrutiny of witness testimonies and the reliance on unchallenged evidence to determine the involvement of the accused in the assault.

I.A. Ansari, J.

1. By the impugned judgment and order, dated 15.7.1999, passed, in Sessions Case No. 02/1999, by the learned Sessions Judge, Morigaon, while the accused-Appellant No. 1, namely, Iman Ali, stands convicted under Section 304 Part-II IPC, the accused-Appellant Nos. 2 and 3, namely, Omar Ali and Mosab Ali respectively, stand convicted under Section 323 IPC and the accused-Appellant No. 4, namely, Mustt. Milajan Begum, stands convicted under Section 109 read with Section 323 IPC. While the accused-Appellant No. 1, Iman Ali, has been sentenced to undergo rigorous imprisonment for 6 (six) years and pay fine of Rs. 2,000.00 and, in default, suffer rigorous imprisonment for a further period of one month, the accused-Appellant Nos. 2, 3 and 4, namely, Omar Ali, Mosab Ali and Mustt. Milajan Begum respectively, stand sentenced to undergo rigorous imprisonment for 6 (six) months.

2. The case against the accused-Appellants, as unveiled at the trial, may, in brief, be described thus: On 10.1.1998, at about 7 a.m., on noticing accused Iman Ali cutting earth from the path, which passes by the side of the boundary of Taleb Ali's homestead, when Taleb Ali objected to the cutting of the earth, Iman Ali assaulted Taleb Ali on his back with the reverse side of a spade. On being so assaulted, Taleb Ali fell down on the ground. After Taleb Ali, so fell down on the ground, accused Omar Ali and accused Mosab Ali too, on being instigated by accused Milajan Begum, kicked Taleb Ali and gave him fist blows. On seeing assault on Taleb Ali, when his relatives, who were present at the house of Taleb Ali, raised halla, the accused went away. Taleb Ali was brought to his house in injured condition and he was, then, taken to the Civil Hospital, Morigaon. As his condition deteriorated and he was being shifted to Gauhati Medical College & Hospital, Guwhati, for treatment, he succumbed to his injuries on the way. With regard to the occurrence, First Information Report was lodged by the mother of Taleb Ali, namely, Minaki Begum. Based on this First Information Report, Mikirbheta P.S. Case No. 06/1998 under Sections 302/34 IPC was registered against the accused-Appellants. During the course of investigation, police held inquest over the said dead body, drew a sketch-map of the alleged place of occurrence, seized a dao from the house of accused Iman Ali and, on completion of investigation, laid charge-sheet against the accused-Appellants under Sections 302/34 IPC.

3. To the charges framed, at the trial, under Section 302 read with Section 34 IPC against the accused-Appellant Nos. 1, 2 and 3, namely Iman Ali, Omar Ali and Mosab Ali respectively, all of them pleaded not guilty. As against the accused-appellant No. 4, namely, Milajan Begum, charge was framed under Section 109 read with Section 302 IPC. To the charge, so framed, accused-Appellant No. 4 too pleaded not guilty.

4. In support of their case, prosecution examined altogether 8 (eight) witnesses. The accused were, then, examined under Section 313 Code of Criminal Procedure and in their examination aforementioned, the accused denied that they had committed the offences alleged to have been committed by them, the case of the defence being that of total denial. The accused Appellant No. 3, namely, Mosab Ali took the plea of alibi and adduced evidence in support of this plea. On, however, finding the accused evidence in support of this plea. On, however, finding the accused-Appellant No. 1, Iman Ali, guilty of the offence under Section 304 (Pt. II) IPC, the learned trial Court convicted him accordingly and passed the sentence as mentioned hereinabove. Similarly, on finding the accused-Appellant Nos. 2 and 3, namely, Omar Ali and Mosab Ali respectively guilty of the offence under Section 323 IPC and accused-Appellant No. 4, namely, Milajan Begum, guilty of the offence under Section 109 read with Section 302 IPC, the learned trial Court convicted them too accordingly and passed sentences against th