JUDGMENT :

(A.D. Choudhury. J.)

1. Heard Mr. BK Das, the learned counsel for the appellants in Crl. A./37/2020. Also heard Ms. R D Mazumdar, learned amicus curiae for the appellant in Crl. A. (J)/ 75/2020. We have also heard Ms. B. Bhuyan, the learned Senior counsel & Additional Public Prosecutor, Assam, appearing for the State.

2. These two appeals are filed assailing the judgment and order dated 07.11.2019, whereby the learned Additional Sessions Judge No. 3, Nagaon in Sessions (T-1) Case No. 28 (N)/2018 under Section 302/34 IPC arising out of GR Case No. 97/2018 convicted the appellants under Section 302/34 IPC and sentenced them to undergo rigorous imprisonment for life and also directed to pay fine of Rs. 10,000/- each in default to undergo simple imprisonment for six months.

3. The prosecution case as unfolded from the materials available on record is to the effect that on 26.01.2018 at 9 p.m., the appellants Jagannath Patra, Meghnath Patra and Sanjoy Deori @ Sanju Dehori, by means of iron rod and sharp weapon assaulted Karneswar Ganju. As a result, Karneswar Gunju sustained grievous injury and fell unconscious and was undergoing treatment at Guwahati in critical condition. Acc