Judgment

Pinaki Chandra Ghose, J.

1. This appeal is preferred by the appellants against the judgment and order dated 31.08.2012 passed by the Gauhati High Court in Criminal Appeal No.165 of 2004 whereby the High Court has allowed the appeal filed by the State and convicted all the appellants under Section 302 read with Section 149 of the Indian Penal Code (“IPC”) and sentenced them to undergo rigorous imprisonment for life and to pay a fine of Rs.10,000/- each.

2. The brief facts of the case, as per the prosecution story, are that on 5.1.2001 at about 6:10 p.m. at Chapra Beparipara which is under Chapar Police Station, the accused persons formed an unlawful assembly and in prosecution of the common object of such assembly, committed the murder of Hasen Ali. Amir Hussain, son of the deceased (PW-3) lodged an Ejahar about the incident at Chapar Police Station on 5.1.2001 at about 10:00 p.m. On receipt of the Ejahar, F.I.R. No.3/2001 was registered by Chapar Police Station and started investigation. The police arrived at the place of occurrence and called the Executive Magistrate who prepared the inquest on the dead body and the inquest was sent for post-mortem examination to Dhubri Civi