JUDGMENT

Mir Alfaz Ali, J. - Heard Mr. A Choudhury and Mr. LR Mazumder, learned counsel appearing for the appellants and Ms. S Jahan, learned Addl. Public Prosecutor, Assam.

2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, FTC, Silchar in Sessions Case No.154/2010, whereby learned Sessions Judge convicted the present appellants under section 302/147/148/323/325 IPC read with section 149 IPC and sentenced them to imprisonment for life and fine of Rs.20,000/- with default stipulation under section 302 IPC. The appellants were further sentenced to pay fine of Rs.1,000/- each under section 147/148/323 IPC in default to simple imprisonment for three months. They were also sentenced to rigorous imprisonment for three years and fine of Rs.5,000/- with default stipulation under section 325 IPC.

3. As per the prosecution case, on 06.12.2008, when Rafique uddin (Pw-6) and Pw-1 were coming from Silchar and reached in front of the house of Abdul Malik Mazumder, Pw-6 was hit by appellant Abdul Malik Mazumder by his bicycle, whereupon an altercation ensued between the accused Malik and Pw-6. At that point of time, all the accused persons named in the