This is an appeal under Section 374 Cr.PC against the judgment and order dated 04.02.2009, passed by the learned Sessions Judge, Cachar, in Sessions Case No. 100/2005 under Sections 448/427/323/324/307/34 IPC, convicting and sentencing the accused/ appellant Uttam Gowala under Section 427 of the IPC to undergo Rigorous Imprisonment for 3 (three) months. Both the accused/appellants are convicted and sentenced under Section 448 of the IPC to undergo Rigorous Imprisonment for 3 (three) months, under Sections 323/34 of the IPC to undergo Rigorous Imprisonment for 1 (one) year, under Sections 324/34 IPC to undergo Rigorous Imprisonment for 1 (one) year, and a fine of Rs. 2,000/-, under Sections 326/34 IPC and Rigorous Imprisonment for 3 (three) years and Rigorous Imprisonment for 4 (four) years with a fine of Rs. 5,000/- under Sections 307/34 IPC.

2. Heard Mr. SC Biswas, learned counsel for the accused/appellants. Also heard Ms. S Jahan, learned Additional Public Prosecutor, appearing for the State of Assam.

3. The prosecution case is that the accused/appellants Jitesh Gowala and Uttam Gowala alongwith two others, armed with iron rods, Bhujali etc entered into the tea st