P. G. Agarwal, J. —

This criminal appeal is directed against the judgment and order passed by the Additional Sessions Judge, Nagaon in Session Case No. 180 (N)/92 on 30.1.97. In the above referred Session's case as many as 12 accused persons were tried for the offence under section 302/34 IPC. On conclusion of the trial, ten (10) accused persons were acquitted. Accused Hafijuddin @ Fagu was convicted of the offence under section 302 IPC and accused Abdul Kuddus was convicted for the offence under section 302/34 IPC. Both the appellants were sentenced to suffer rigorous imprisonment for life and to pay fine of Rs. 1,000 in default further imprisonment for one (1) year. Hence the present appeal.

2. The prosecution allegation is that in an incident that took place on 19.4.91, son of Subed Ali Master was assaulted by the accused persons. Next day, the accused persons armed with deadly weapons came to attack the house of Subed Ali which is situated adjacent to the house of Azizul Haque. This act was protested by Azizul Haque whereupon the accused persons attempted to assault him. Apprehending danger, Azizul Haque ran away to save himself and he was chased by the accused persons and ultima

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