J U D G M E N TRAJU, J.These two appeals are at the instance of twelve accused, who remained convicted throughout after acquittal at different stages of the remaining accused out of the total number of 25 who stood charged before the learned Sessions Judge, Barpeta, for offences under Sections 302 and 201 read with Section 149 of the Indian Penal Code [for short `IPC'].The necessary facts for appreciating the grievance of the appellants are that the case had its origin initially with a G.D. Entry No.115 on 3.8.1989 registered at Barpeta Police Station at 6.30 P.M. on verbal information followed by a formal written FIR that was lodged by one Rupchan Mia, on the same day at 7.00 P.M. As per the version in the FIR, on the fateful day, i.e., 3.8.1989, at about 4.00 P.M. when three persons viz., Tara Mia, Saket Ali and Owaz Kha were fishing in the Dhaneswari Beel, the accused armed with sticks, spears and other deadly weapons attacked those persons inflicting serious injuries resulting in their death and thereafter dragged the dead bodies and threw them in the Pahumara River.At the time of occurrence, hue and cry was also said to have been raised attracting crowd, which included witnesses Manowara Begum and Hussain Mia and the accused were said to have attacked the above two and also caused injuries on their person as well.In the FIR, reference was said to have been made to 24 persons by name and others generally, as the accused responsible for the incident and after completing the investigation, charge was laid on them viz about 26 under the provisions noticed above to face trial before the Trial Court.During the trial, the prosecution examined about 11 PWs to substantiate the charge of whom PW.1, PW.2, PW.8 and PW.9 claimed to be the eyewitnesses for the occurrence and PW.5 and PW.6 were the Medical Officers, who conducted the post mortem examination.It appears that despite serious efforts, during the course of investigation, only the bodies of Saket Ali and Owaz Kha alone could be recovered from the Nakhanda river, but that of Tara Mia, could not at all be retrieved.The learned Trial Judge, after considering the materials on record, by his judgment dated 10.2.1999 in Sessions Case No.13 of 1994 found that the prosecution established its case against 16 enumerated accused and acquitted about 9 of the accused on the view that the evidence could not establish and prove the charges against them beyond reasonable doubt.The convicted persons were each sentenced to life imprisonment with a further fine of Rs.2,000/-, in default of payment to further suffer six months R.I. under Section 302 read with Section 149, IPC.For the conviction under Section 201 read with Section 149, IPC, they were sentenced to five years R.I. along with a fine of Rs.1,000/- each and three months R.I. in default of payment of the same.The convicted accused filed two separate appeals viz., a group of 10 - Crl.Appeal No.57 of 1999 and the remaining 6 - Crl.A Division Bench of the Gauhati High Court by a common judgment dated 9.1.2002 chose to confirm the conviction and sentence in respect of 12 accused, who are appellants before this Court, acquitting four more by giving them benefit of doubt in addition to those acquitted by the Trial Court.Heard the learned counsel for the appellants and the learned counsel for the respondent-State.Common object could develop eo instanti and being a question of fact it can always be inferred and deduced from the facts and circumstances of a case projected and proved in a given case.The evidence on record, in our view, sufficiently established that there was some prior animosity and there were faction-ridden groups in existence apparently over the exercise of right to fish in the area.From the nature of the weapons like lathi, dagger, spear like iron rods, which seem to have been liberally used by the appellants, the chasing of the victims who ran for their lives and killing the three of them by merciless attack and throwing their dead-bodies in the running river rendering it almost difficult to retrieve immediately their bodies and some of them absconding from the locality for nearly about twelve days, would go to inevitably prove that by their joint armed attack, the common object to murder the victims was obvious and stood proved by convincing and cogent evidence.

Cited provisions: Section 149 in The Indian Penal Code; Section 302 in The Indian Penal Code; Section 201 in The Indian Penal Code