(1.) This appeal is directed against the judgment and order dated 21.12.2016 passed by the learned Sessions Judge, Nagaon, in Sessions Case No. 06(N)/2004. By the said judgment, the learned Sessions Judge convicted the appellants under Section 302/448 IPC R/W Section 34IPC and sentenced them to imprisonment for life and fine of Rs. 1,000/- each with default stipulation under Section 302 IPC. The appellants were further sentenced to rigorous imprisonment for one month under Section 448/34 IPC.
(2.) As per prosecution case, on 13.10.2002, at about 8 AM in the morning, when the victim Sarifuz Zaman was taking tea in the tea stall of Abdul Latif, the accused/appellants entered the tea stall and brutally killed Sarifuz Zaman by inflicting multiple stab injuries with dagger. After committing the offence, both the appellants went to the police station, which was nearby and surrendered themselves before police. Hearing commotion, the members of the victim's family arrived there, who found the victim lying in a pull of blood in the tea stall. The brother of the victim Wahiduz Zaman (PW-2) lodged the FIR, on the basis which, police registered Rupahih at P.S. Case No. 143/2002 under Section 448/302/34 IPC. During investigation, police arrested the appellants, seized the weapon of offence and other incriminating articles, recorded statement of the witnesses, prepared inquest report and sent the body for post-mortem examination.
(3.) The postmortem examination was conducted by Dr. Syed Makinur Rahman (PW-16),who found the following injuries on the body of the victim.