1. 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 ('IPC'), and sentenced each of them to suffer rigorous imprisonment for life and pay fine of Rs.5,000 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. 1,000 each, in default, suffer rigorous imprisonment for three months each, for their conviction under section 201, IPC.

3. We have heard Mr. P.K. 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 common judgment and order.

5. The prosecution case, in brief, is that, on 29.5.1999, when Sri Himangshu Biswas ('deceased'), was enjoying 'Bipad Nashini Puja' at Chagalikata LP School under Silapathar police station, in the District of Dhemaji, three persons, namely, Sri Bhabananda Das [appellant in Crl. Appeal(J) No.66/05], Sri Suresh Rajbongshi [appellant in Crl. Appeal(J) No. 65/05] and Sri Sarat Sekharu called him away and killed by inflicting injuries on his person. After causing the death, the dead body was buried in the field of one Sri Meghlal near Joba Nadi (river). Subsequently, on suspicion, the appellants were apprehended by the Village Defend Party (VDP) before whom they had confessed to have killed the deceased. The appellant, Sri Suresh Rajbonshi led the villagers to the place of occurrence where the dead body was buried and accordingly, the dead body was discovered.

6. Sri Anil Biswas, father of the deceased (PW1), on 9.6.1999, lodged an FIR with the police and on receipt of the same, police registered a case under sections 302/201/34, IPC.

7. During the course of investigation, the Investigating Officer visited the place of occurrence, sent the dead body for post mortem examination, arrested the appellants, examined the witnesses and recorded the statements of the appellants. The Investigating Officer seized a dagger and a hoe, on being produced by appellant, Sri Suresh Rajbonshi and another dagger, on being produced by appellant Sri Bhabananda Das. As the other accused person, namely, Sri Sarat Sekharu was absconding, the Investigating Officer could not arrest him and, therefore, the charge sheet was submitted against the present appellants under sections 302/201, IPC read with section 34, IPC.

8. The case being committed, the learned Sessions Judge framed charges under sections 302/201 read with section 34, IPC, against the appellants, to which they pleaded not guilty.

The prosecution examined 9(nine) witnesses, including the Investigating Officer (PW9).

9. At the close of the evidence for the prosecution, the appellants were examined under section 313, Cr.PC. They have denied the allegations, brought against them and declined to adduce defence evidence. Their plea was that they were innocent and that, they were not involved with the death of the deceased.

10. The learned Sessions Judge considering the evidence on record, more particularly, the extra judicial confession alleged to be made by appellant, Sri Suresh Rajbongshi, leading to the recovery of the dead body, the seizure of the dagger and the hoe and the statements of the appellants recorded under section 161, Cr.PC by police, convicted the appellants under section 302/201, IPC read with section 34, IPC and sentenced them as indicated above.

11. Aggrieved, by the said conviction and sentence, the convicted persons, as appellants, have come up with these ap