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