JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Rajeeva Sharma, learned senior counsel for the appellants and Mr. P.K. Appu, learned A.P.P. in Cr. Appeal (DB) No. 883 of 2012 and Mr. Vineet Kumar Vashistha, learned Spl.P.P. in Cr. Appeal (DB) No. 653 of 2012.

2. Since both these appeals arise out of a common judgment, they are being disposed of by this common order.

3. These appeals are directed against the judgment and order of conviction and sentence dated 10.05.2012 (sentence passed on 14.05.2012) passed by Sri Shrikant Roy, learned Additional Sessions Judge-I, Pakur in Sessions Case No. 172/2007 whereby and whereunder, the appellants have been convicted for the offences punishable under Section 148 and Section 302 read with Section 149 IPC and have been sentenced to rigorous imprisonment for life for the offence under Section 302 /149 IPC and have also been fined Rs. 5,000/- under Section 302 IPC. No separate sentence under Section 148 IPC has been passed. The appellant is to undergo simple imprisonment for one year, if the fine amount is not deposited.

4. The prosecution case arises out of the fardbeyan of Dinesh Marandi recorded on 25.04.2007, in which it has been stated that in t