1. By this common judgment and order, we propose to dispose of the two Criminal Appeals, namely, Crl. Appl. No. 35 of 1998 and Crl. Appl. No. 48 of 1998, which have been heard together on account of the fact that they arise out of a common judgment and order, dated 21-5-1998, passed by the learned Sessions Judge, North Tripura, Kailashahar, in Case No. Sessions Trial 15 (NT / K) of 1993.

2. By the impugned judgment and order, dated 21-5-1998, aforementioned, the accused - appellants stand convicted under S.302 read with S.149 of the Indian Penal Code and also under S.323 read with S.149 of the Indian Penal Code and sentenced to suffer, for their conviction udner S.302 read with S.149 of the Indian Penal Code, life imprisonment and pay a fine of Rs. 1,000/- each and, in default, to suffer R.I. for six months and to suffer, for their conviction under S.323 read with S.149 of the Indian Penal Code, R.I. for six months, both the sentences having been directed to run concurrently.

3. The case of the prosecution, as unfolded at the trial, may, in brief, be stated as follows : -
On 24-6-1990 at about 10 P.M. Masuk Ali, while purchasing bidi from the shop of one Maya Miah, at Irani Market, h