Ajit Borthakur, J

Heard Mr. HRA Choudhury, learned senior counsel assisted by Ms. S. K. Nargis, learned counsel appearing for the accused appellants and Mr. K. Konwar, learned Additional Public Prosecutor, Assam.

2. The above 5 (five) appeals under Section 374 (2) of the Cr.P.C., have been preferred against the judgment and order, dated 27.05.2013, passed by the learned Sessions Judge, Morigaon, Assam in Sessions Case No.95/2006, whereby the appellants are convicted and sentenced to suffer rigorous imprisonment for 6 (six) months and to pay a fine of Rs.1,000/- (Rupees One Thousand only), in default of payment of fine to undergo simple imprisonment for a further period of 01 (one) month under each Sections of 147 & 148 IPC respectively. The appellants are further sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- (Rupees Ten Thousand only) under Sections 302/149 of the IPC in default, to undergo rigorous imprisonment for a further period of 01(one) year and to pay a fine of Rs.1,000/- (Rupees One Thousand only) under each count of law under Sections 149/201 IPC of the IPC, in default of payment of fine to undergo simple imprisonment for a further period of 01 (one) month each.

3. The prosecution case, in brief, is that one Md. Baharul Islam, s/o late Newajuddin, a resident of Chitalmari Char, Morigaon, Assam lodged an FIR on 02.07.1997, with the Officer-in-Charge, Moirabari P.S., alleging that on the previous day, i.e., on 01.07.1997 at about 03.00 pm, the appellants and 30(thirty) others named therein, held a secret meeting on the backside of the mill of accused Md. Giasuddin Mukter aided by accused Md. Kutubuddin Mukter and appellant Md. Nazrul Islam. In the said meeting, it was decided to attack Chitalmari char on 02.07.1997. Pursuant to the aforesaid decision, the accused-persons armed with deadly weapons such as guns, knives, spears etc. came in 2 (two) machine boats at about 10.00 O’clock in the morning on that day, i.e., 02.07.1997 and initially attacked the house of Newazuddin, the father of the informant, situated at Chitalmari char. When Newazuddin attempted to run away, on the order of one Md. Abdul Mazid, the accused persons named in the FIR, apprehended him after a chase in the house of one Hamed Ali. Md. Ajgar Ali shot dead Newazuddin. When Hamed Ali stepped forward to help him, he too was shot dead by accused Khazul Hoque. In the meantime, when from the said house, the wife of Kamaruddin came forward, appellant Abdul Salam assaulted her to death with sharp weapon. Thereafter, all the accused persons, looted the house of Newazuddin and took away their cattles, paddy, garlic and other stuff, approximately valued at Rs.70,000/- (Rupees Seventy Thousand only). At the time of leaving, the accused persons took away the dead bodies of Newazuddin and Hamed Ali in the machine boats and left a lot of people wounded with sharp weapons.

4. Based on the above FIR, Moirabari P.S. Case No.53/1997 under Sections 147/ 148/ 149/ 109/ 302/ 326/ 325/ 379/ 201 of the IPC, dated 03.07.1997 was registered and the Officer-in-Charge SI Rabin Bezbaruah (since expired) himself took up the investigation into the case.

5. It is pertinent to mention here that before the aforesaid written FIR was received, verbal information about the occurrence was received from one Md. Lalu Maral, the Mahaldar of Moirabari, and accordingly Moirabari P.S. GD Entry No.22, dated 02.07.1997 was made and thereupon, the Police forthwith launched investigation.

6. After completion of investigation, the investigating officer, SI Ghanakanta Saikia submitted the Charge-Sheet under Sections 147/148/149/209/379/302/201 of the IPC against 27(twenty seven) accused persons inclusive the convicted 6(six) appellants showing 15(fifteen) of them absconders. Subsequently, the case was registered as G.R. Case No.455/1997. After furnishing copy as required under Section 207 of the Cr.P.C., the case was committed by the learned Sub-Di