JUDGMENT :

SUMAN SHYAM, J.

1. Heard Mr. H.R.A. Choudhury, learned senior counsel assisted by Mr. A. Ahmed and Mr. I.A. Talukdar, learned counsel appearing for the appellants. We have also heard Ms. S. Jahan, learned APP, Assam, who has appeared on behalf of the State of Assam. None has appeared for the informant.

2. The two appellants in Criminal Appeal No. 170/2020 viz. Md. Jalaluddin and Md. Sakil Ahmed have jointly preferred the aforesaid appeal assailing the common judgment and order dated 30.12.2019 passed by the learned Additional Sessions Judge (FTC), Sonitpur, Tezpur in Sessions Case No. 127/2018, convicting both the appellants under Sections 302/201/379/34 of the Indian Penal Code (IPC) for committing the murder of Santosh Rai throwing away the dead body from the hill top and also for stealing the vehicle. The appellants have been sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 10,000/- each for committing the offence under Section 302/34 of the IPC with default stipulations. Both the appellants/accused persons were also sentenced to undergo rigorous imprisonment for a period of 7 (seven) years and also to pay fine of Rs. 5,000/- each for the o