M.A. Ali, J.

We have heard Mr. R.M. Choudhury, learned amicus curiae for the appellant in Crl. A. 35/2016 and Mr. I.A. Hazarika, learned amicus curiae for the appellant in Crl. A. 36/2016 and Mr. M. Phukan, learned Addl. P.P., Assam for the State, who have also taken us through the evidence and materials available on record.

2. Both the appeals having arisen out of the common judgment and order dated 22.03.2016 passed by the learned Sessions Judge, Dibrugarh in Sessions Case No. 54/2014 are taken together for hearing and disposal.

3. Both the appellants were convicted by the learned Sessions Judge under Section 302 IPC R/W Section 34 IPC and sentenced to rigorous imprisonment for life and fine of Rs. 5,000/- with default stipulation.

4. As per the prosecution case, the deceased Bai Orang was the first wife of the appellant Bobo Kisko and the appellant Proja Kisko @ Sunia Boraik is the second wife of the appellant Bobo Kisko. On 13.01.2013 at about 7 O’clock in the evening, both the appellants killed the victim by strangulation. Budhua Orang (PW-1) lodged the FIR (Ext.4), on the basis of whch Tingkhong P.S. Case No. 16/2013 was registered. During investigation, S.I. Mo