This appeal arises out of judgment dated 24.6.96 delivered by learned Sessions Judge, Lakhimpur in Sessions Case No.123 (NL)/97, thereby holding the accused-appellant guilty of offence punishable under section 302 read with section 149IPC and sentenced them to undergo imprisonment for life with fine of Rs. 1,000/- each or in default of payment of fine to suffer six month's impri­sonment. Aggrieved by the same, the accused appellants have preferred this appeal.

2. Prosecution case stated in brief was that on 4.4.89 (which happened to be a market day of the area), around 10.30 AM Habibur Rahman (deceased) while he was sitting in a tea stall belonging to one Abdul Latif, situated at Sonapur Chariali, he was attacked by the accused-appellants along with three others (two of whom have since been acquitted by the trial Court and no State appeal has been preferred against such acquittal and the third one, namely, Kubed Ali was not charged-sheeted and sent for trial by the police), who intruded in the stall being armed with weapons like dao and started assaulting Habibur Rahman, the owner of the tea stall, PW 6 Abdul Latif immediately took to his heels, while others in the