1. Heard Mr. A. Ahmed, learned counsel for the appellants. Also heard Ms. B. Bhuyan, learned Additional Public Prosecutor, for the State of Assam and Mr. M. Mahanta, learned counsel for the respondent No. 2.

2. This Appeal under Section 374(2) of the Code of Criminal Procedure, 1973, has been filed by the appellants, namely, Punya Mazumdar and Govinda Mandal, impugning the judgment and order dated 08.05.2018, passed by the learned Sessions Judge, Amingaon in Sessions Case No. 163/2014, whereby the appellants were convicted under Section 302/34 of the Indian Penal Code and were sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs.2,000/- (Rupees Two Thousand only) each and in default of payment of fine to suffer rigorous imprisonment for 2(two) months each.

3. The facts relevant for consideration of the instant appeal, in brief, are as follows:-

i. That on 01.03.2007, one Hanu Mohan Sakharu lodged an FIR before the In-Charge of Chamaria Police Patrolling Post under Boko Police Station, inter-alia, alleging that on the day prior to lodging of the FIR, at about 8:00 PM, the accused persons, namely, Punya Mazumdar and Govinda Mandal (present appellants) called the