Prasanta Kumar Saikia, J.

1. This appeal is directed against the Judgment dated 11.11.2010, rendered by the learned Addl. Sessions Judge (FTC), Dibrugarh, in Sessions Case No. 167/2007 convicting the appellants of offence under Section 302/34 IPC and sentencing them to suffer rigorous imprisonment for life and also to pay a fine of Rs. 2,000/- (Rupees two thousand) each, in default, to suffer rigorous imprisonment for 2 (two) months for the offence aforesaid. I have heard Mr. M. Biswas, learned counsel appearing for accused/appellants (hereinafter referred to as accused persons) as well as Ms. S. Jahan, learned Additional Public Prosecutor, Assam appearing for the State respondent.

2. The brief facts, necessary for disposal of the present appeal in short, are that on 05.04.2007, one Sohrab Ahmed lodged an FIR with the Officer In-charge of Borbari Police Out Post alleging inter alia that on that day, at about 2:10 pm, the deceased Dr. Niaz Ahmed sent Israil Khan (PW 2) along with one Akshaylal Yadav (PW 3) to measure a plot of land, situated near Shistry Hospital, Paltanbazar, Dibrugarh. Such land belongs to Dr. Niaz Ahmed (hereinafter referred to as victim) and accused persons were residing on such land. On their arrival at such land, PW 2 and PW 3 started measuring the aforesaid land. However, accused persons prevented them from measuring such land.

3. It has also been stated that, accused persons had constructed a kaccha latrine in the land aforesaid and on being informed Dr. Niaz Ahmed immediately went to such place and asked accused persons not to construct the kaccha latrine on his land. Immediately thereafter, accused persons, namely, Sri Firoz Khan (A 1) along with, Sri Rajib Khan (A 2), Sri Bhaijan Khan (A 3), Smti Naju Khatoon (A 4), Smti Julie Khatoon (A 5), Smti Sabila Begum (A 6) and Sri Nazamul Ahmed (A 7) armed with various weapons assaulted the victim and PW 2 inflicting serious injuries on their persons. They were without any delay taken to the nearby Shistry hospital. Since the victim could not be treated at Shistry Hospital, he was taken to Aditya Hospital where the victim died while undergoing treatment.

4. An FIR was lodged with police while Dr. Niaz Ahmed was undergoing treatment. On receipt of the FIR, I/C Borbari Police Out Post made a GD Entry and forwarded the same to the Officer In-Charge, Dibrugarh Police Station (in short PS) for registering a case and for doing the needful in accordance with law. On receipt of the FIR, O.C. Dibrugarh PS registered a case vide Dibrugarh PS Case No. 133/2007 under Section 325/326/34 IPC and O/C, Sri J.T. Baruah himself took up the investigation.

5. During the course of investigation, Sri Baruah came to the place of occurrence, conducted autopsy on the dead body, sent the same for post-mortem examination, examined the witnesses and did other things needful and on conclusion of the investigation, he submitted charge sheet under Section 302/34 IPC against accused persons and forwarded them to the Court to face trial for the offence aforementioned.

6. When the charge sheet was so laid before the concerned Magistrate, the same was committed to the Court of Sessions since offence under Section 302/34 IPC is exclusively triable by the Court of Session. On receipt of the case on commitment, learned Sessions Judge, Dibrugarh, transferred the case to the Court of Addl. Sessions Judge (FTC), Dibrugarh, for disposal in accordance with law.

7. On receipt of the case on transfer, the learned Addl. Sessions Judge (FTC), Dibrugarh, and on hearing the learned counsel for the parties was pleased to frame charge under Section 302/34 IPC against the accused persons. The charge, so framed, on being read over and explained to accused persons, they pleaded not guilty and claimed to be tried. During trial, the prosecution has examined as many as 12 (twelve) witnesses including the Investigating Officer (in short, IO) and the Medical Officer (in short, MO), who conducted autopsy over the