JUDGMENT :

Malasri Nandi, J.

Heard Mr. A. Tewari, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Senior counsel as well as Additional Public Prosecutor, Assam assisted by Mr. J. Das, learned counsel appearing for the State/respondent No.1.

2. The present appeal has been preferred against the judgment dated 18.10.2016 passed by the learned Additional Sessions Judge, (F.T.C.), Lakhimpur, North Lakhimpur in Sessions Case No.63(NL)2015 by which the present appellant, Sri Phulsai Garh was convicted under Sections 341/326 as well as Section 302 of IPC and sentenced to undergo rigorous imprisonment for life with a fine of Rs.10,000/-(Rupees ten thousand) only, and in default of payment of fine to undergo further rigorous imprisonment for 6(six) months for the offence punishable under Section 302 of IPC. The learned Trial Court held that offences under Sections 341/326 IPC were found to be established against the appellant beyond reasonable doubt but no separate sentence was imposed as the accused was convicted and sentenced under Section 302 IPC.

3. Before we appreciate the contentions raised by the learned Amicus Curiae that it cannot be said that the prosecution has been able to prove the charges against the appellant beyond reasonable doubt, it may be necessary to refer briefly the background facts of the case.

4. The criminal proceeding against the appellant was set into motion after an FIR was lodged on 08.10.2008 by one Smt. Sugi Garh, wife of the deceased Phulsai Garh of Dizu Tea Estate, Line No.3 to the effect that at around 7 P.M. of 07.10.2008 while her husband Phulsai Garh accompanied by his elder sister Manmotia Garh and younger brother Mangalsai Garh were going to Manmatai’s House from Dizu Tea Garden, the 4 (four) accused, namely, Sri Badal Garh, Sri Gakul Malpaharia, Sri Phulsai Garh (Petu) and Sri Ramjesh Garh intercepted them and because of an old grudge injured them with sharp weapon, as a result of which her husband died on the spot and other two persons sustained grievous injuries and the injured persons had been undergoing treatment at North Lakhimpur Hospital.

5. Based on the aforesaid complaint lodged, one F.I.R. case being North Lakhimpur P.S. Case No.615/2008 under Sections 341/326/302/307/34 IPC was registered against the aforesaid four accused persons.

6. Accordingly, necessary investigation was launched and on completion of the investigation, charge-sheet was filed against the aforesaid four accused persons and the case was committed for trial. The Court of learned Additional Sessions Judge (FTC), Lakhimpur, has framed the following charges against the four accused persons, which reads as follows:-

Firstly, that the accused persons on the night of 07.10.2008 at about 7 P.M. at Diju Bagan, Line No.2, under North Lakhimpur Police Station, in furtherance of their common intention, wrongfully restrained-Phulsai Garh, the husband of the informant, Smt. Sugi Garh, her sister-in-law Smt. Manmotia Garh and her brother-in-law Sri Mangalsai Garh on their way to the house of Sri Manmotia Garh from the Diju Bagan and thereby they committed an offence punishable under Sections 341/34 of IPC.

Secondly, that the accused persons on the same date, time and place, in furtherance of their common intention, voluntarily caused hurt to Sri Mangalsai Garh, by means of sharp weapon and thereby they committed an offence punishable under Sections 324/34 of IPC.

Thirdly, that they on the same date, time and place, in furtherance of their common intention, voluntarily caused grievous hurt to Smt. Manmotia Garh by means of sharp weapon and thereby they committed an offence punishable under Sections 326/34 of IPC.

Fourthly, that they on the same date, time and place, in furtherance of their common intention, committed murder by causing the death of the deceased Phulsai Garh, the husband of the informant Smt. Sugi Garh and thereby they committed an offence punishable under Sections 302/34 of IPC.

7. In support of the aforesaid charges, th