A.H.SAIKIA, J. - (1.)The learned Additional Sessions Judge.; Nagaon by his Judgment and Order dated 20.4.2002 passed in Sessions case No. 86(N)/87 convicted all the four appellants herein under Sections 302/34 IPC and sentenced them to rigorous imprisonment for life and also to pay fine of Rs. 1,000/- each, in default, further rigorous imprisonment for one year each. Further, he found the appellants No. 1,3 and 4, namely, Samiruddin @ Samu, Kasem Ali and Soleman Ali respectively guilty of offences under Sections 323/34 IPC and sentenced them to suffer rigorous imprisonment for one year each directing that all sentences would run concurrently. These convictions and sentences have been preciously assailed in this criminal appeal.
(2.)Facts necessary to dispose of this appeal are re-capsulated as under:
(3.)PW. 2,Momtaz Ali on 30.1.87 lodged a complaint with Rupahihat Police Station alleging that on that date at about 7.00 a.m. in the morning while he demanded old dues from appellant No. 3, Kasem Ali, an altercation took place with him. At that time the appellant No. 1 Samiruddin @ Samu detained his elder brother Sohrab Ali (since deceased) by holding him and appellant No. 2 Nausad Ali @ Nasu killed him by stabbing him in his back with a dagger. Both the appellant No. 2, Nasu and appellant No. 3 Kasem Ali had also assailed him. On hearing the hue and cry, the people from the neighbourhood converged at the place of occurrence and witnessed the entire incident. P.W. 2, the informant saved his life by running away from the place of occurrence as the appellants were about to kill him.