JUDGMENT :

1. Heard Mr. M.A Seikh, learned counsel for the appellant and Mr. M.P. Goswami, learned Addl. PP, appearing for the State of Assam.

2. The challenge:

I. This appeal under section 374 Cr.P.C is filed by the appellant assailing the impugned judgment and order of conviction and sentence dated 13.09.2022 passed by the learned Sessions Judge, Morigaon in Sessions Case No.36/2013, whereby the appellant was sentenced to undergo rigorous imprisonment for 10 years and also to pay a fine of Rs.20,000/-in default to undergo further simple imprisonment for 6 months for offence punishable under section 304 Part-I IPC and further sentenced to pay a fine of Rs.500/-in default to SI for one month for offence punishable under section 334 IPC.

II. By the said judgment eight accused persons were also convicted under section 334 IPC with fine of Rs.500. Another 14 accused persons, who were tried were acquitted by the learned trial court below from the charges under sections 147/148/102B/341/323/325/302 IPC. One accused, namely, Mormuj Ali expired during the trial.

3. The Prosecution Story:

I. The prosecution case in brief is that on 30.12.2011 one Md. Mojibur Rahman lodged an FIR with the Of