JUDGMENT :

M.A. Ali, J

Learned Counsel, Mr. A.I. Uddin appearing for the appellants and learned Addl. Public Prosecutor, Mr. M. Phukan for the State were heard.

2. This appeal is directed against the judgment and order passed by the learned Sessions Judge, Hojai, Sankardev Nagar, in Sessions Case No. 514(N)/2013, whereby, the appellants were convicted u/s 302 IPC and sentenced to undergo rigorous imprisonment for life and fine of Rs.10,000/-each with default stipulation.

3. The prosecution case in a nutshell was that on 19-06-2009, at about 3.30 PM, nine accused persons named in the FIR entered into the land possessed by Habibur Rahman (deceased) and started cutting bamboos and accused Mukutar (since deceased) pelted stone at the house of the informant. When the informant Lutfur came out of the house, the accused Sahidur Rahman, Hasibur and Rafique Ali, all armed with “dao”, chased Lutfur Rahman and he ran away out of fear. Thereafter, the accused Sahidur Rahman, Hasibur Rahman, Rafique Ali, Hafizur Rahman and Saidur Rahman assaulted Habibur Rahman (deceased), Motibur Rahman and Dhan by “dao”, “lathi”, spear etc. and also demolished the dwelling house of Habibur Rahman. Habibur Rahman