JUDGMENT :

Malasri Nandi, J.

1. Heard Mr. A. Choudhury, assisted by Mr. D. Borah, learned Counsel appearing for the appellants in Crl. A. No. 281/2016 and Mr. A. R. Bhuyan, assisted by Mr. MAI Hussain, learned counsel appearing for the appellants in Crl. A. No. 260/2016. We have also heard Mr. P. Borthakur, learned Addl. P.P. Assam appearing for the State/respondents.

2. This judgment shall cover the disposal of the Criminal Appeal no. 281/2016 preferred by accused/appellants 1. Altaf Hussain Barbhuyan @ Alta Hussain, 2. Abdul Kadir and 3. Abdul Wahid Barbhuyan and Criminal Appeal No. 260/2016 filed by other accused/appellants namely 1. Borai Mia @ Giasuddin, 2. Badal Mia, 3. Siraj Uddin and 4. Taimush Uddin Barbhuiya, arising out of the same judgment dated 12.08.2016 passed by the learned Sessions Judge, Cachar, Silchar in connection with Sessions Case No. 185/2009 convicting the accused/appellants under Section 302/149 IPC and sentenced them to undergo imprisonment for life along with a fine of Rs. 5,000/-each with default stipulation.

3. The brief facts of the case is that the informant Ainul Haque Mazumdar lodged an ejahar before the Officer-In-Charge, Dholai Police Station stating