Ujjal Bhuyan, J.

1. Heard Mr. AI Uddin, learned counsel for the appellants and Ms. B Bhuyan, learned Addl. Public Prosecutor, Assam. This appeal has been preferred against the judgment and order dated 24.08.2015, passed by the learned Addl. Sessions Judge, Cachar at Silchar in Sessions Case No. 18/2012 convicting the appellants under Sections 147/148/149, 323/302 of the Indian Penal Code (IPC) and sentenced to undergo rigorous imprisonment for life and to pay fine of Rs. 3,000/- each, with a default clause for the conviction under Sections 302/149 IPC, together with other lesser sentences, to run concurrently.

2. Prosecution case as is discernible from the First Information Report (FIR) is that on 25.08.2009 at around 4.30 pm, brother of the informant, Rehanuddin Mazumder had a discussion with four of the accused persons pertaining to construction of house. The accused persons became agitated in the course of the discussion and assaulted the brother. At that stage, the neighbours intervened, following which the accused persons moved away; so also the brother. After some time that is around 04.45 pm, father of the informant Abdul Mannaf Mazumder was on his way back home from the market when the accused persons attacked him with dao, dagger, lathi, spade etc. causing grievous injuries on his person. On hearing hue and cry, brother Rehanuddin went out to save his father. Then he was assaulted by the accused persons by dao, dagger etc., which caused grievous injuries to his head and back. The two injured were taken to the hospital whereafter, the FIR was lodged. This led to registration of Barkhola Police Station Case No. 102/2009, under Sections 147/148/149/341/325/326 IPC.

3. When the case was under investigation, brother Rehanuddin died in hospital whereafter, Section 302 IPC was added. On completion of investigation, police submitted charge sheet against the accused persons under Sections 147/148/149/323/302 IPC.

4. Being exclusively triable by the Court of Sessions, the case was committed to the Court of Sessions and thereafter was assigned to the Court of learned Addl. Sessions Judge, Cachar at Silchar for trial. Charges under Sections 148/149/447/323/302 IPC were framed against the accused persons to which they pleaded not guilty and claimed to be tried.

5. In the course of the trial, prosecution examined as many as 13 witnesses, including the official witnesses. On conclusion of prosecution evidence, the accused-persons were examined under Section 313 of the Code of Criminal Procedure, 1973 (Cr.P.C.). However, the defence declined to adduce any evidence.

6. After hearing both the sides, learned Addl. Sessions Judge passed the judgment and order dated 24.08.2015 convicting the accused persons under the aforesaid sections of law and sentenced them to undergo rigorous imprisonment, as mentioned above.

7. Hence, this appeal.

8. Appeal was admitted for hearing on 07.11.2015.

9. Detailed submissions have been made by learned counsel for the appellants as well as by the learned Addl. Public Prosecutor, Assam, which have been duly considered. Also perused the materials on record.

10. Before we proceed to the evidence of the witnesses, it would be apposite to refer to the charges framed against the accused persons. Be it stated that four charges were framed against the accused persons. As per first and second charges, on 25.08.2009 at about 04.30 pm at Barjatrapur under Borkhola Police Station, the accused, as members of an unlawful assembly and in prosecution of common object of such assembly, were armed with deadly weapons, like dao, daggers, lathi etc. and thereby committed an offence of rioting punishable under Sections 147/149 IPC. The third charge was that the accused persons being members of an unlawful assembly and in prosecution of common object of such assembly caused hurt to Abdul Mannaf Mazumder and Rehanuddin and thereby committed an offence punishable under Sections 323/149 IPC. The last charge was that being members