Prithviraj K. Chavan, J.

1. These two appeals by the husband and wife arise out of the judgment and order of conviction dated 29.5.2015 passed by the Sessions Judge, Panaji, wherein both are convicted under Section 302 read with Section 34 of Indian Penal Code and have been sentenced to undergo an imprisonment for life and a fine of Rs. 10,000/- each, in default to undergo simple imprisonment for three months.

2. The prosecution case, as emerged from the record, can be summarised as follows:-

Appellants are husband and wife. Deceased Premkumar Khadka (for short “deceased”) was the brother-in-law 3 of appellant no.1 (brother of appellant no.2). The appellants are residing in a rented room of PW 6–Shivshankar Vishwakarma. The deceased was a native of Nepal. He arrived at the house of the appellants on 3.1.2012. Appellant no.1 and the deceased had alcohol and dinner on 4.1.2012. After dinner, they went to sleep in the same room at about 23.00 hours. The appellants slept on a bed; whereas the deceased slept on the floor of the said room. It is the case of the prosecution that when appellant no.1 woke up in the morning of 5.1.2012, he noticed that the deceased was still sleeping.