JUDGMENT :

M.R. Pathak, J.

Heard Ms. A. Begum, learned counsel for the appellant Md. Jakir Hussain in Crl. A No. 163/2016, and Mr. S. C. Biswas, learned counsel for the appellant Md. Jiabur Rahman in Crl. A No. 155/2016 as well as for the appellant Md. Akkas Ali in Crl. A No. 114/2017. Also heard Ms. S. Jahan, learned Additional Pubic Prosecutor, Assam for the State respondents in all the three appeals.

2. The three appeals are against the same judgment and order of conviction and sentence dated 20.04.2016, passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in Sessions Case No. 167/2013 arising out of G.R.Case No.754/2013 corresponding to Tezpur Police Station Case No.402/2013, whereby the appellants were convicted under Sections 302/34 of the IPC and sentenced to suffer Rigorous Imprisonment for life with fine of Rs. 1000/- each in default Rigorous Imprisonment for further 1 month each.

3. On 07.04.2013 one Nayab Ali (PW.1) lodged an ejahar before the Borghat Police Out Post in Sonitpur district stating inter alia that on the previous night i.e., on 06.04.2013 at about 7.00 p.m. his son Hussain Ali left his house for Borguri village on a bicycle along with Rs. 3000/-to