C.R. Sarma, J.

1. These appeals are directed against the judgment and order, dated 27.4.2007, passed by the learned Additional Sessions Judge. North Tripura, Dharmanagar in ST. 43(NT/D) of 2006, whereby and whereunder the learned Sessions Judge convicted the above-named appellants under Section 302 read with Section 34 of the Indian Penal Code (hereinafter referred to as the IPC) for causing the death of Md. Halim Uddin, (hereinafter referred to as the Victim).We have heard Mr. N. Mazumder, learned counsel, appearing for the appellant in Criminal Appeal No. 63/07 and Mr. S. Datta, learned counsel, appearing for the appellant in Criminal Appeal No. 88/07. Also heard Mr. R.C. Debnath learned Special Public Prosecutor in both the appeals.

2. As both the appeals have arisen out of the common judgment and order aforesaid, involving same questions of law and facts, for the sake of convenience, and as agreed to by the learned counsel, appearing for both the parties, we have heard both the appeals together and propose to dispose of the said appeals by this common judgment and order.

3. The prosecution case, as revealed, during the trial, in brief, may be stated as follows:-

(i) On 21-8-2005 at about 9-30 p.m. in front of the shop of Md. Aziz Ahmed, at Batarashi, Shabajpur (Madhya Tangibari) under the jurisdiction of Dharmanagar Police Station, the appellants were rebuking Md. Islamuddin (P.W. 5) and his brother Md. Salimuddin (not examined in this case).

(ii) The deceased, a shop-keeper of the locality, who was one of the brothers of P.W. 5 and Md. Salimuddin, intervened and asked the appellants not to rebuke his said brothers. On being so intervened by the deceased, the appellants picked up a quarrel with the deceased. As a result of the said quarrel, appellant Abdul Ali caught the deceased in his waist, while Abdul Hannan gave 3 (three) blows on his abdomen and chest with a 'Kirish' (a sharp pointed weapon made of iron).

(iii) The occurrence took place in presence of Md. Alkash Uddin (P.W. 1) and Md. Islamuddin (P.W. 5), who were brothers of the deceased, Md. Sahabuddin (P.W. 8) and Md. Amir Uddin (a shop-keeper).

(iv) Hearing hue and cry, following the said incident, many people gathered in the place of occurrence. The appellants fled the place of incident, immediately after the occurrence, with the weapon of assault. The deceased was shifted to the Dharmanagar Hospital, but he succumbed to the injuries on the same night.

(v) The Investigating Officer (P.W. 11), upon receipt of the information about the said incident, rushed to the hospital on the same night, making G.D. Entry, i.e., G.D. Entry No. 976, dated 28-5-2005 and found the injured in precarious condition. After his arrival in the hospital he received the written complaint (Ext. 1) from Alkash (P.W. 1) and treated the same as an FIR. On receipt of the said written complaint, police, initially registered a case under Section 326/34, IPC and launched investigation into the matter. At about 11:35 p.m. the Investigating Officer received an information, from the Medical Officer (P.W. 4), regarding death of the deceased. Accordingly the Investigating Officer prepared the inquest report (Ext. 2), in respect of the dead body of the deceased and forwarded the same for post-mortem examination.

(vi) During the course of investigation, the Investigating Officer examined the witnesses, visited the place of occurrence, prepared a sketch map (Ext. 4) and collected the postmortem report (Ext. 3). At the close of the investigation, police submitted charge-sheet against the appellants under Section 302/34, IPC.

(vii) The offence under Section 302, IPC, being exclusively triable by the Court of Session, the learned Sessions Judge framed charge under Section 302 read with section 34, IPC against the appellants. The charge was read over and explained to the appellants, to which they pleaded not guilty and claimed to be tried.

(viii) In order to prove its case, prosecution examined, as many as, 13