The deceased has also received some lacerated injuries Kasim is said to hive ordered the assault and Hamat assaulted the deceased with the handle of the spear.
The detailed narrative of the prosecution case is companytained in the judgment of the High Court and it is number necessary for us to repeat the same all over again.
It appears that on 14.12.1969 the deceased Majimuddin along with his brother Abdul Kadir was going to Moirabari market to sell brinjils belonging to their family.
Thus from the evidence adduced by the prosecution and accepted by the Sessions Judge and the High Court it is absolutely clear that all the four appellants clearly participated in the assault on the deceased.
1 Karamar gave a spear blow on the mouth of the deceased Mdjimuddin, which resulted in his death.
There were eight accused before the trial Court, who were companyvicted under Section 302/149 I.P.C. but on appeal field before the High Court.
Sharafat tried to assault P.W. 2 but before he companyld do so, P. W. 2 pulled out a stick and assaulted Sharafat as a result of which he got some minor injuries.
The four appellants were various armed according to the prosecution appellant No.
At the place of occurrence, which seems to be near the house Niamet Ali the appellants who were lying in ambush in some of the bushes, came out on seeing the deceased Najimuddin and started assaulting him.
Fazal Ali, J. In this appeal by special leave the appellants namely Karamat Ali, Hashmat Ali, Kasam Ali and Sbarafat Ali have been companyvicted under Section 302/34 I.P.C. and sentenced to imprisonment for life by the High Court of Assam, who affirmed the judgment of the Sessions Judge.
