These two appeals are directed against the judgment and order, dated 7.6.2005, passed by the learned Sessions Judge, Dhemaji, in Sessions Case No.73 (DH)/2004.

2. By the impugned judgment and order, the learned Sessions Judge, convicted the appellants aforesaid, under Sections 302/201 read with Section 34 of the Indian Penal Code (for short, 'IPC'), and sentenced each of them to suffer rigorous imprisonment for life and pay fine of Rs.5000/- each, in default, suffer rigorous imprisonment for another period of one year each, for their conviction under sec­tion 302 IPC, and suffer rigorous imprison­ment for three years each, and pay fine of Rs.1000/- each, in default, suffer rigorous imprisonment for three months each, for their conviction under section 201 IPC.

3. We have heard Mr PK Talukdar, learned Amicus Curiae, appearing for the appellant and Mr D.Das, learned Addl. Pub­lic Prosecutor, appearing for the State re­spondent.

4. Both the appeals having been arisen out of the same judgment and order, were heard together and for the sake of convenience, we propose to dispose of the said appeals by this commonjudgment and order.

5. The prosecution case, in brief, is that, o