I.A. Ansari, J.

1. This appeal is directed against the judgment and order, dated 30.05.2002 passed by the learned Ad-hoc Addl. Sessions Judge, Nagaon in Sessions Case No. 45(N)/94, convicting the accused-Appellants, namely, Md. Abdul Karim Chagla, Abdul Subhan, Sunder Ali, Ajijal Hoque, Hussen Ali, Iman Ali, Aman Ali, Moslemuddin, Abdul Hasen and Amin Ali @ Amiruddin under Section 302 read with Section 34 of the IPC and sentencing each of them to suffer imprisonment for life and pay a fine of Rs. 5000/- and, in default of payment of fine, suffer rigorous imprisonment for a further period of one year. The accused Appellant No. 2 Abdul Sobhan has been further convicted under Section 324IPC, but no separate sentence for the offence, so committed, was passed against him.

2. The case against the accused-Appellants, as unfolded at the trial, may in brief be stated as follows:

The accused-Appellant No. 1, namely, Abdul Karim Chagla, has a land adjoining the boundary of Saheb Ali (P.W. 1). The accused-Appellant No. 1, namely, Abdul Karim Chagla, along with his younger brother, accused-Appellant No. 2 namely, Abdul Sobhan, reaped away, on 09.12.1992, the paddy grown by Saheb Ali on his