1. This appeal under Section 374, Cr. P.C. is directed against the judgment dated 4-12-1998 passed by the Sessions Judge, Lakhimpur in Sessions Case No. 19(NL)/98 whereby the learned trial Court convicted the two accused-appellants under Sections 302/34, I.P.C. and sentenced them to undergo imprisonment for life and to pay a fine of Rs. 500/- each in default further imprisonment for one month.

2. On 20th March, 1996 Nasir Ali (P.W. 1) lodged a written F.I.R. before the Police stating inter alia that on the previous day at about 3 p.m., his son Md. Tamiruddin went to Jubanagar Bazar and did not return. Subsequently, the dead body of Md. Tamiruddin has been found lying in a field near the Bank of Shingira River, the hands and neck of the deceased were found tied with rope.

3. The post-mortem was conducted by Dr. Ganesh Saikia, who found as follows:

(i) Bruise found round the wrist joint of both forehands;

(ii) Ligature marks found round the neck and it was circular and continues 2 cm. in breadth; ligature knot was found. On dissection of the ligature marks, congestion was found below the skin of the ligature marks;

(iii) There is frothing in the mouth and fluids were coming down f