L.S.JAMIR, J. - (1.) This appeal is directed against the judgment dated 10 -04 -2014 passed by the learned Additional Sessions Judge, Dhubri in Sessions Case No. 59/2001 by which the appellants, namely, Moinul Hoque and Sayedur Rahman were convicted and sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 5,000/ - each and in default to suffer simple imprisonment for another six months for the offence under Sections 302/34 IPC.
(2.) An Ejahar dated 10 -03 -1999 was lodged by PW 2, namely, Nurzzaman Rahman before the Officer -in -Charge, Gauripur Police Station stating that at about 6:30 p.m on 09 -03 -1999, his brother Md. Mehbubur Rahman son of Majibur Rahman had gone to Chaurangimur to buy provisions. All of a sudden, the accused persons, six in number in furtherance of their common intention, hit him on the head and other parts of the body with iron rods which they had brought concealed in their possessions causing grievous injuries and fled away. His brother was immediately taken to Dhubri Civil Hospital for treatment but the doctor declared him dead. At the time of incident, Abul Hussian (PW 6) tried to save his brother but the accused persons also assaulted him causing grievous injuries.
(3.) On the basis of the Ejahar, Gauripur Police Station Case No. 29/1999 under Sections 147/148/149/325/302 was registered and investigation started.;