JUDGMENT :

Kardak Ete, J

Heard Ms. M. Barman, learned Amicus Curiae in Crl. A.(J) No. 36/2020 and Mr. N. Hasan, learned Amicus Curiae in Crl. A.(J) No. 37/2020. Also heard Ms. S. Jahan, learned Additional Public Prosecutor representing the State of Assam.

2. These two appeals have been preferred by Shri. Goutam Bindia and Gopi Binjia @ Bindia assailing the judgment and order dated 30.08.2019 passed by the Court of Sessions Judge, Tinsukia in connection with Sessions Case No. 9 (T) of 2018 whereby, both the appellants have been convicted under Section 302 of the Indian Penal Code, 1860 for committing the murder of Dilip Kishan and Sivaratri Karmakar and sentenced to undergo rigorous imprisonment for life and also to pay fine of Rs. 25,000/-each and in default of payment of the fine, both the convicts shall undergo imprisonment of 6 months.

3. The prosecution case, in a nutshell, is that on 15.08.2017 at about 11 PM, the accused Gopi Binjia @ Bindia led a mob to the house of Dilip Kishan. They suspected that Dilip Kishan and his wife Sivaratri Karmakar were practising witchcraft in the village. The mob forcibly dragged out Dilip Kishan and Sivaratri Karmakar and lynched them. On the next