JUDGMENT :

Mir Alfaz Ali, J.

1. We have heard learned Amicus Curiae, Mr. Ujjal Choudhury for the appellant and learned Addl. Public Prosecutor, Ms. Shamima Jahan for the State/respondent No. 1, who have also taken us through the evidence and materials brought on record.

2. This jail appeal is directed against the judgment and order dated 07-11-2014, passed by learned Sessions Judge, Sonitpur, in Sessions Case No. 252/2005. By the said judgment, learned Sessions Judge convicted the appellants u/S. 302 read with Section 34 IPC and sentenced them to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation u/S. 302 IPC. Appellants were further sentenced to rigorous imprisonment for three months under Section 324 IPC.

3. As per prosecution case, on 16-03-2005 at about 7.30 to 8 p.m. the appellant Rejia Khatun and her mother Miarma (since deceased) called the victim Muslemuddin to their house. When the victim reached their courtyard, the appellants inflicted injuries to him with a "khukri". Hearing alarm raised by Sakina, mother of the victim, Hasan Ali came there and the accused persons assaulted both Sakina and Hasen with khukri, lathi etc. The victim Muslemuddin later on succumbed to the injuries. P.W. 2, Ismail Khan lodged the FIR (Ext. 1), on the basis of which police registered Tezpur Police Station Case No. 214/2005 u/S. 341/326/307/302/34 IPC and commenced investigation. In course of investigation, the investigation officer recorded statement of the witness, prepared sketch map and sent the body for post mortem examination. The inquest report of the body was prepared by Sub-Inspector of Police, Ananta Das and post mortem examination was conducted by Dr. Tilak Bhattacharjee.

4. Dr. Tilak Bhattacharjee (P.W. 7), who conducted post mortem examination on the body of the victim found the following injuries:-

"Sharp cut injury on left lower abdomen below and lateral to umbilicus of 2.5 cm by 1 c.m. piercing whole abdominal wall directly upward. Peritoneal cavity is full of blood. Sharp cut injury of anterior surface of spleen of 2 cm x 3 cm. Injury described is ante-mortem in nature."

In the opinion of the autopsy doctor, death of the victim was caused due to hemorrhagic shock as a result of the injuries sustained.

5. On conclusion of the investigation charge-sheet was laid against the four accused persons including the present appellants and eventually and all of them stood trial.

6. In course of trial, learned Sessions Judge framed charges against the appellants under Sections 341/324/307/302 read with Section 34 IPC, to which they pleaded not guilty. Fourteen witnesses were examined by the prosecution in order to establish the charges. The accused persons, however, did not adduce any evidence in their defence. On appreciation of evidence, learned Sessions Judge convicted the present appellants and one Miarma under Sections 302/324 IPC and awarded sentence as indicated above. The other co-accused Matlab Ali was however, acquitted by the learned Sessions Judge.

7. On our assessment of the evidence and materials on record and perusal of the impugned judgment, we find that the learned trial court recorded conviction of the appellants primarily relying on the oral testimony of P.W. 1, P.W. 2, P.W. 3 and P.W. 4 as well as the medical evidence of P.W. 6 and 7, the doctors. The death of the victim Muslemuddin resulting from the injuries sustained was not disputed.

8. P.W. 1, Smti. Sakina Khatun testified that on 16th of March, at night, while they were taking meal, Miarma and appellant Rejia called Muslemuddin and took him to their courtyard. Accordingly, P.W. 1, her daughter-in-law, two sons and she herself followed them. She further stated that on reaching the courtyard of Rejia, both Rejia and Miarma started assaulting Muslemuddin victim. Hearing the alarm raised by P.W. 1, Matleb and Riyazuddin came out of their house and Riyazuddin hit Muslemuddin on his abdomen with a long iron weapon with wooden handle. When she (P.W