JUDGMENT :

Michael Zothankhuma, J.

Heard Mr. SK N Mohammad, learned counsel for the appellants. Also heard Ms. B Bhuyan, learned Additional Public Prosecutor appearing for the State.

2. The appellants have put to challenge the judgment and order dated 10.02.2021, passed by the court of the learned Sessions Judge, Barpeta in Sessions Case No. 23/2014, by which the appellants have been convicted under Section 302 IPC read with Section 149 IPC. The learned Trial Court has thereafter sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/-each, in default, to undergo simple imprisonment for 6 (six) months.

3. The prosecution case in brief is that the informant, who is PW-1 and the father of the deceased Hafijul Ali submitted an FIR dated 29.04.2009 before the Officer-In-Charge Barpeta Police Station, stating that under the influence and provocation of Sl. Nos. 9, 10 and 11, Sl. Nos. 1 to 8 had trespassed into his house and assaulted his three sons, namely, Bilayet, Akbar and Hafijul Ali, which resulted in the death of Hafijul. The eleven persons mentioned in the FIR as the perpetrators of the crime are as follows:-

1. Altab Ali @ Altu, S/O Idrish

2. Manir Ali, S/O Idrish Ali

3. Sanowar Ali, S/O Idrish Ali

4. Anowar Ali, S/O Idrish Ali

5. Zakir Hussain, S/O Idrish Ali

6. Sarejul Ali, S/O Idrish Ali

7. Swahid Ali, S/O Idrish Ali

8. Swahidul Ali (Not sent up for trial), S/O Kurpan Ali

9. Jalim Miya, S/O Late Saheed Ali

10. Idrish Ali, S/O Late Gunjar Ali

11. Kurpan Ali (Not sent up for trial), S/O Late Sayed Ali

4. The informant further states in his FIR that when he tried to prevent the above accused persons from assaulting his sons, Sl. No. 5, Zakir Hussain threw a spear at him, which however missed. Hearing a hue and cry, neighboring people came to the place of occurrence, which resulted in the accused persons leaving the place of occurrence. The three sons of the informant were then taken to Barpeta Civil Hospital in injured conditions. However, as Hafijul Ali was in a critical condition, he was referred to Gauhati Medical College & Hospital, Guwahati. Hafijul Ali died on the way to Guwahati. Pursuant to the FIR, Barpeta P.S. Case No. 377/2009 under Sections 147/148/149/447/325/326/302/ 109 IPC was registered.

5. After investigation was completed, the Investigating Officer submitted a charge-sheet, having found a prima facie case against the appellants and one Abdul Jalil under Sections 302/147/148/149/323 IPC. Charge under Section 302 IPC was framed against the appellants and Abdul Jalil on 07.07.2012. Thereafter, separate charge under Sections 147/148/149/323 IPC was framed against all the appellants, including one Abdul Jalil on the same date. The appellants and Abdul Jalil pleaded not guilty and claimed to be tried.

6. Thereafter, the learned Trial Court recorded the evidence of 14 (fourteen) prosecution witnesses and after examining the appellants and Abdul Jalil under Section 313 Cr.PC, came to a finding that the appellants and Abdul Jalil were guilty of the offence under Section 302 IPC read with Section 149 IPC. The learned Trial Court thereafter convicted the appellants and sentenced them to undergo life imprisonment with a fine of Rs. 10,000/-each, in default, simple imprisonment for 6 (six) months.

7. The learned counsel for the appellants submits that while 7 (seven) appellants have filed the present appeal, Mr. Abdul Jalil, who had also been convicted and sentenced along with the present appellants vide the same impugned judgment and order, had filed Criminal Appeal No. 60/2021. He submits that as Mr. Abdul Jalil expired, Criminal Appeal No. 60/2021 has been closed on the ground that the appeal stood abated. He also submits that amongst the 7(seven) appellants in this appeal, the seventh appellant, i.e. Idrish Ali, has also expired. He accordingly submits that the present appeal would be confined only to the first 6(six) appellants, as the appeal in respect of the seventh appellant stands abated.

8. Th