This appeal is directed against the judgment and order dated 29-01-2007 passed by the learned Additional Sessions Judge (FTC), Darrang, Mangaldai in Sessions Case No. 21 (DMFT)/2003 convicting the three appellants and another under Section 304(1)/34 IPC and sentencing each of them to undergo rigorous imprisonment for ten years and to pay a fine of Rs. 1000/-, in default, to undergo rigorous imprisonment for another three months and further convicting the appellant No. 1 and another under Section 447 IPC and sentencing them to pay a fine of Rs. 300/- and in default, to undergo simple imprisonment for one month.

2. One Md. Ilias Ali lodged a first information before the Kalaigaon Police Station naming the appellants and another as accused in the following order:

(1) Md. Hasmat Ali,

(2) Md. Sablus Ali,

(3) Md. Karim Ali,

(4) Md. Tazmul Ali.

3. The informant alleged that in the morning of 11-04-2000 at about 6.30 am, while his son Giasuddin Ahmed and nephew Asanullah were ploughing their land, the accused persons armed with iron rod trespassed into the paddy field and attacked both of them. It was alleged that the accused No. 2 inflicted severe injury on Giasuddin Ahmed’s head by hitting him

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