JUDGMENT :

Kardak Ete, J.

Heard Mr. N. Barua, learned Amicus Curiae. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor for the State of Assam.

2. This appeal from Jail has been preferred by Md. Habibur assailing the judgment and order dated 13.05.2019 passed by the Court of Sessions Judge, Nagaon in Sessions case no. 387(N) of 2012 whereby the appellant namely Habibur Rahman alongwith 5 (five) others accused namely: Md. Abdul Hekim, Md. Abdul Rahim, Md. Azizul Hoque @ Aijul Hoque, Miya Hussain and Sahed Ali have been convicted under Section 302/201/34 IPC, 1860 for committing the murder of Azibur Rahman and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/-each and in default, rigorous imprisonment for another six months. The accused persons have also been sentenced to undergo rigorous imprisonment for three years and also to pay fine of Rs 1000/- each, in default, rigorous imprisonment for another one month under section 201/34 IPC, 1860.

3. The case of the prosecution, in brief, is that on 14.04.2008, the informant Mustt Rumena Khatoon lodged an FIR before the Dhing P.S alleging that there arose some dispute and the deceased, Azibur