JUDGMENT :

Achintya Malla Bujor Barua, J.

1. Heard Mr. AM Bora, learned senior counsel appearing for the appellants and Ms. S Jahan, learned Additional Public Prosecutor for the State of Assam.

2. As regards the informant/respondent No. 2, an affidavit by the Gaonburah of the concerned village namely, Krishna Timung is on record wherein it is stated that the informant Khorsing Terang died on 05.03.2016.

3. An ejahar dated 04.06.1996 was lodged by one Khorsing Terang, inter-alia stating that on 03.06.1996 when the informant and Rongbong Rahang were proceeding towards the Teron village, they saw that about 20/25 youths armed with dao, stick etc were sitting on the PWD road. As they came closer to the group of youths, they were attacked by them for no reason and the informant, Khorsing Terang managed to escape but his companion Rongbong Rahang died as a result of the attack. In the FIR, seven persons were identified to have been present amongst the group of people who had attacked. But when we go through the evidence of the investigating officer, PW-4 Seba Singh, we note that the investigation was started on the basis of a GD Entry No. 70 dated 04.06.1996.

4. We have verified the records a