N. Chaudhury, J.

Criminal Appeal (J) No. 6 of 2014 and Criminal Appeal (J) No. 7 of 2014 are directed against a common judgment and order dated 17.12.2013 passed by learned Additional Sessions Judge (FTC) No. 2, Tinsukia in Sessions Case No. 35(T)/2012 under Section 302/34 of the IPC. By the impugned judgment and order, the learned Sessions convicted Pratap Karmakar, the appellant in Criminal Appeal (J) No. 6/2014 and Biswadev Karmakar, the appellant in Criminal Appeal (J) No. 7/2014 under section 302 of the IPC and sentenced them to suffer rigorous imprisonment for life and also to pay a fine of Rs. 5,000/- each, in default, to suffer rigorous imprisonment for 4 months each.

2. The prosecution story is that one Dipali Mahali, as informant, lodged an ejahar with the Officer In-charge of Doomdooma Police Station on 14.08.2011 at about 11.45 A.M. informing that on 08.08.2011 at around 9 P.M., one Jiban Karmakar, Pratap Karmkar and Beswadev Karmakar of Badlabheta Spring Line, severely assaulted her husband Sunil Mahali suspecting that the victim had committed rape on Minu Karmakar, a 17 year old daughter of Pratap Karmakar. They brought him injured condition and droppe