MOHAN M.SHANTANAGOUDAR, J - (1.) In this most unfortunate and beastly incident, four persons fast asleep in their home in the early hours of the morning, oblivious to their imminent fate, were mercilessly murdered in a barbaric manner by the armed accused, without any instigation or provocation.
(2.) Against the concurrent judgments of conviction and sentence dated 29.04.2006 passed by the Additional Sessions Judge, Barpeta in Sessions Case No. 68/2001 and the judgment dated 5.3.2010 passed in Criminal Appeal No. 121 of 2006 passed by the Gauhati High Court, this appeal is presented by the convicted accused.
(3.) The case of the prosecution in brief is that 26 persons including the appellants herein, armed with deadly weapons like spears, arrows, lathis etc. surrounded the house of Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali at about 6.00 a.m. on 9.11.1995 and trespassed into their house, dragged them outside and then assaulted them. As a result of this, Md. Aziz Ali, Md. Kutub Ali, Md. Mamud Ali and Samir Ali (not mentioned as deceased in FIR) succumbed to the injuries sustained by them and one Md. Atar Ali was injured. Though 26 persons were arrayed as accused in the first information, the chargesheet came to be filed against 15 persons. During the course of the trial, one of the accused died, and two others absconded. Thus, the trial was held against 12 accused, 8 of whom are the appellants herein. The Trial Court after following due procedure convicted the appellants under Sections 148, 323 and 302 read with 149 ofthe Indian Penal Code (for short, "the IPC"), and acquitted the other accused. The judgment of the Trial Court came to be confirmed by the High Court. Hence, the convicted accused are in appeal before us.;