Ujjal Bhuyan, J.

1. Heard Mr. N. Dutta, learned Senior counsel assisted by Mr. S.C. Biswas, learned counsel for the appellants and Mr. R.C. Barpatragohain, learned Advocate General, Assam assisted by Mr. P.P. Baruah, learned Public Prosecutor, Assam. We have also heard Mr. A. Ahmed, learned counsel for the informant in both the appeals.

2. Short point for consideration is whether Section 437A Cr.P.C. can be invoked in a case of conviction or whether it can be invoked only in a case of acquittal?

3. Both the appeals are directed against the judgment and order dated 17.08.2017 passed by the learned Additional Sessions Judge, Barpeta in Sessions Case No. 41/2015 convicting the appellants under Section 302 IPC read with Sections 147/148/149 thereof and sentenced to undergo imprisonment for life and fine with a default clause for the conviction under Section 302 IPC and other minor sentences for conviction under the other Sections.

4. While sentencing the accused-appellants as above, learned court below passed the following order:-

"The court feels the sentences are appropriate in the present case and it would serve the purpose of law. However, they are acquitted from the charges unde