I.A. Ansari, J.

1. By this common judgment and order, we propose to dispose of both these appeals inasmuch as both these appeals have been arisen out of one and the same judgment and the appeals have, therefore, been heard together. By the impugned judgment and order, dated 18.03.2006, passed, in Sessions Case No. 99 (J-J) of 1997, by the learned Additional Sessions Judge, (Ad hoc), Jorhat, the two accused-appellants, namely, Rajumoni Bora and Bhim Bora @ Uma Kanta Bora, stand convicted under Sections 302, 201 and 324 read with Section 34 IPC and they both have been sentenced, for their conviction under Section 302 IPC, imprisonment for life with fine of Rs. 2,000/- and, in default of payment of fine, suffer rigorous imprisonment for two months. However, for their conviction, under Section 324 and 201 read with Section 34 IPC, no separate sentence has been passed by the learned trial Court on the ground that the accused-appellants have already been sentenced to imprisonment for life.

2. The case of the prosecution, as emerged at the trial, may, in brief, be described as under:

On 12.10.1996, at about 3 pm, Ranjit Chutia (since deceased), accompanied by Babu Saikia @ Bipul Saikia (P.W. 4), went to bring their cattle from the bank of river Brahmaputra, where the cattle had been left for grazing. While Ranjit Chutia and P.W. 4, on their way home, reached a place called Haladhibari Chapori, accused Bharat (since absconder), accused Rajumoni Bora and accused Bhim Bora, suddenly, appeared before Ranjit Chutia and P.W. 4 and asked P.W. 4 if they could find the cattle, because on that day, some cattle had gone missing. In the process of making the inquiry as aforesaid, accused Raju grabbed Ranjit from behind and accused Bharat grabbed him (Ranjit) from the front. Soon thereafter, accused Raju left Ranjit and caught hold of P.W. 4 and, then, the three accused forcibly took both, P.W. 4 as well as Ranjit, to the edge of the river Brahmaputra. On reaching the edge of the river, accused Raju forced P.W. 4 to take off his clothes and made him naked. Accused Raju, then, asked P.W. 4 to sit on the ground and as P.W. 4 was in the process of sitting down, accused Raju gave a blow with a dao aiming at the neck of P.W. 4; but as P.W. 4, who was in the process of sitting down, the blow fell on his left shoulder instead of his neck. Having been so assaulted on the edge of the river Brahmaputra, P.W. 4 fell down into the river water. Having fallen into the river, P.W. 4 started swimming to save his life. Out of apprehension, when P.W. 4 looked back, he saw accused Bhim jumping into the river and swimming in order to catch hold of P.W. 4. P.W. 4 also noticed that the remaining two accused, namely, accused Bharat and accused Raju were giving blows on Ranjit by means of dao. Having covered a distance of about 4/5 kilometers by swimming, P.W. 4 came out of the water and as he was without any clothes, he went to the house of P.W. 3 (Thagi Ram Bora) at the said Chapori, put on a piece of cloth and, then, came running home. On his arrival there, people gathered and P.W. 4 informed them as to what had happened.

3. Upon receiving the information about the assault on Ranjit, Ranjit's father and his other co-villagers went to the river, they found Ranjit lying dead below the embankment of the river. Ranjit's dead body was brought to his house and a First Information Report was lodged by P.W. 1, father of deceased Ranjit, at Jengraimukh Police Station. Based on the First Information Report, so lodged by P.W. 1, Jengraimukh Police Station Case No. 32 of 1996, under Sections 326/ 302/ 201/ 34 IPC, was registered against the said three accused persons. During the course of investigation, police visited the place of occurrence, drew sketch map thereof, held inquest over the said dead body, got the post mortem examination performed on the said dead body. As far as injured Babu (P.W. 4). was concerned, he was medically treated. On completion of investigation, po