JUDGMENT :

Sudhanshu Dhulia, J.

1. Heard Mr. A. Ahmed, learned counsel for the appellants. Also heard Ms. S. Jahan, learned Additional Public Prosecutor, Assam, appearing for respondent No. 1, i.e. State of Assam. None has appeared for respondent No. 2.

2. This Criminal Appeal has been filed by the appellants challenging the order dated 04.12.2017, passed by the Additional Sessions Judge, Hojai, by which the present appellants have been convicted under Sections 323/302/34 IPC and have been sentenced for rigorous imprisonment for life and fine of Rs. 10,000/- each, with default stipulations.

3. The incident occurred at village "Bordolong" in the district of "Nagaon". The case of the prosecution as per the contents of the FIR is that on 11.12.2007 at about 3:00 PM the five assailants, namely, Md. Ayub Ali, Md. Minhaz Uddin, Md. Hisab Uddin, Md. Babu Miya and Musstt. Kamalarun Nessa, who were armed with "dao", rod, axe etc., barged inside the property of the informant, which is a residential house, with an enclosed yard. There was an argument over a previous dispute and then there was an argument with the elder brother of the informant, i.e., the deceased Md. Taz Uddin. Sensing danger, Taz Uddin started to run away from the place. He was chased by the accused persons who finally caught him in the nearby agricultural field of Ajgar Ali, which was about 200 meters away from his house, and killed him on the spot by inflicting blows with sharp weapons which they were carrying. After that they had also beaten up Musstt. Khadija Begum, i.e. wife of the deceased Md. Taz Uddin. She was beaten with a rod which fractured her left hand. They also kicked and inflicted blows on Musstt Aftarun Nessaand Musstt. Amirun Nessa causing injuries on their lower abdomen, legs, hands and other parts of their body. It. was also alleged in the FIR that the assailants took away some important documents, cash amount of Rs. 15,000/- and ornaments etc. They left the scene saying "Where is your father? We will surely kill him."

4. At this juncture it will be necessary to mention at the very threshold that both the victim and the deceased as well as the assailants and their families are very closely related. The deceased was the real nephew of the present appellant no. 1 and the remaining accused are his first cousins.

5. Police investigated the matter and the five accused persons who were named in the FIR, areas follows:

1. Md. Ayub Ali.

2. Md. Minhaz Uddin.

3. Md. Hisab Uddin.

4. Md. Babu Miya.

5. Musstt. Kamalarun Nessa.

6. Out of the five accused, accused no. 2, Md. Minhaz Uddin is absconding and, therefore, the trial did not proceed against him. Accused no. 4, Md. Babu Miya was declared a juvenile and the trial against him, is going on before the Juvenile Justice Court. Regarding accused no. 5, Musstt. Kamalarun Nessa, final report was submitted by the police and, finally, the two accused, namely, Md. Ayub Ali and Md. Hisab Uddin faced trial and were finally convicted as already stated above.

7. At this stage, a reference to the inquest report may also be made. The inquest report is dated 11.12.2007, which reads as under:

"Inquest Report

Ref: Lanka P.S. GD.E. No. 248 Dt. 11-12-07

Now, I, Bipin Ch. Nath, S.I., Lanka P.S., accompanied by the O/C and the staff have arrived at the agricultural field of Ajgar Ali of Bardalang and upon finding the dead body of Taz Uddin lying north and south with the face upward and upon identification of the dead body by deceased's younger brother Saz Uddin, start holding inquest on the dead body in presence of the below signed witnesses to the following effect:

The age of the deceased is about 28 years. Hair is about 1½ inches long. Injury is present on the scalp and the brain substances have come out through the said injury. Injury mark is present above the left eye. No injury is seen on the face. There is blood in the ear(s), but no in