JUDGMENT :

Suman Shyam, J.

Heard Mr. R.P. Sarmah, learned senior counsel assisted by Mr. M.R. Adhikari, learned counsel appearing for the appellants. We have also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, Assam, appearing for the State/respondent No.1 and Mr. K. M. Haloi, learned counsel representing the informant/respondent No.2.

2. This appeal against conviction has been preferred by the five appellants assailing the judgment and order dated 11.03.2019 passed by the learned Additional Sessions Judge, Sonitpur, Tezpur in connection with Sessions Case No.251/2014.

3. The prosecution case, as unfolded from the materials available on record, is to the effect that on 03.02.2013, at about 4.00 p.m. the appellant No.1, Abdul Kadir, had picked up the victim Sahab Uddin Choudhury from his residence and took him to Bhojkhowa Chapori Bazar. Later on, at about 8.00 p.m. in the evening, the appellants, in association with some others, had killed the victim behind the Bhojkhowa Balipara L.P. School, by assaulting him with sharp weapon resulting to his death.

4. On 04.02.2013 the son of the victim viz., Md. Akhtar Hussain Choudhury (PW-1) had lodged an ejahar before the In-charge of