P.K.Saikia, J.

This appeal is directed against the judgment dated 21.12.2013, passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 27/2007 convicting the appellants, namely, (1) Sri Pulen Phukan, (2) Sri Jiten Phukan, (3) Sri Dulen Phukan, (4) Sri Mridul Saikia @ Midul Saikia , (5) Sri Kiran Saikia, (6) Sri Bayen Saikia @ Baren Saikia, (7) Sri Haren Saikia, (8) Sri Haranath Saikia, (9) Sri Jiban Chetia, (10) Sri Kuleswar Chetia, & (11) Sri Mojen Phukan of offences u/s 147/148/447/323/302/149 IPC and sentencing them to suffer imprisonment for life and to pay a fine of Rs. 1000/- each, in default, to suffer RI for 1 (one) months for offences under Sections 302/149 IPC and also sentencing them to suffer RI for another 6 (six) months for each of offences under Sections 147/447/323 IPC.

2. Being aggrieved by and dis-satisfied with the judgment aforesaid, the appellants aforementioned (hereinafter also referred to as 'accused persons') preferred this appeal citing several infirmities in the judgment under challenge.

3. We have heard Mr. N.J. Das learned counsel for the appellants and Mr. K. Mazumdar, learned Addl. Public Prosecutor appearing for the State.

4. The facts, necessary for disposal of the present appeal, in short, are that on 13.06.1989 at about 12 O' Clock, one Nareswari Phukan and Rabi Phukan and Smti Jugomaya Phukan of village Pulunga Napam in the district of Dibrugarh, were gossipping in their house after taking meal. Then the appellants aforementioned along with 2 (two) others, namely, Dhagen Phukan and Muhiram Phukan came to the house of the persons aforesaid armed with deadly weapons and made a search for their brother, namely, Pradip Phukan, since deceased.

5. Seeing those accused persons and others coming to their house in a menacing manner, Pradip Phukan fled from his house and took shelter in the house of one Bhuban Phukan, a neighbour of the victim. However, all those persons aforesaid chased the victim to the house of Bhuban Phukan and inflicted wounds on him by both blunt and sharp instruments which resulted in his instantaneous death.

6. To that effect, an FIR was lodged with O/C, Chabua Police Station by one Smti. Nareswari Phukan (PW 1). On receipt of the FIR, OC, Chabua Police Station registered a case vide Chabua Police Station P.S. No. 70/89 147/148/149/447/302/326/342 IPC and ordered one Sri Dhirendranath Saikia, SI of Police to investigate the case.

7. Being so entrusted with the investigation, Sri Saikia visited the place of occurrence, conducted inquest on the dead body, sent the same to hospital for post mortem examination, did other things needful including arrest of accused persons and on conclusion of investigation, he submitted charge-sheet u/s 147/148/149/447/326/302 IPC against as many as 13 accused persons showing 5 (five) of them as absconders therein.

8. When the charge sheet was laid before the Magistrate, the learned Magistrate secured attendance of as many as 11 accused persons and thereafter committed the case to the Court of Session, Dibrugarh for disposal of the same in accordance with law.

9. The learned Sessions Judge after committal of the case and on hearing the learned counsel for the parties was pleased to frame charges under Sections 147/148//149/447/326/302 IPC against accused persons and charges, so framed, on being read over and explained to accused persons, they claimed to be tried denying the allegations levelled against them.

10. During trial, the prosecution had examined as many as 7 (seven) witnesses. The statements of accused persons u/s 313 CrPC were recorded. The plea of accused persons was of total denial. They, however, declined to adduce any evidence in their defence.

11. On conclusion of trial and on hearing the learned counsel for the parties, the court below was pleased to convict accused persons of offences u/s 147/148/447/323/302/149 IPC and sentenced them to punishment as aforesaid. It is that judgment which has been assailed in the present