JUDGMENT :

Heard Ms. Debashree Saikia, learned Amicus Curiae and also heard Mr. D. Das, learned Additional Public Prosecutor, Assam, appearing for the State respondent.

2. This appeal, under section 374(2) Cr.P.C., six appellants namely, Shri Jogen Baruah, Nandeswar Baruah, Basanta Baruah, Kalpendra Baruah, Jyotish Baruah and Someswar Baruah, have put to challenge the correctness or otherwise of the judgment and order dated 05.02.2012, passed in Sessions Case No. 225 (N)/ 2000, arising out of Samaguri P.S. Case No. 50/1999, under sections 147/148/324/323 IPC added section 302 IPC, by the learned Sessions Judge, Nagaon.

3. It is to be noted here that vide the impugned judgment and order, dated 05.02.2012, the learned Court below had convicted the appellants under section 323/34 IPC, and sentenced them to suffer rigorous imprisonment (R.I.) for 6 months and also to pay a fine of Rs.1,000/-, each, in default, to suffer simple imprisonment for another one month.

4. The background facts, leading to filing of the present appeal, are adumbrated herein below:-

“On 05.04.1999, one Ananta Mohan Mahanta of Chalchali Birohi Gaon, under Samaguri Police Station, lodged an FIR with the Officer-in-Cha