JUDGMENT :

[M. Choudhury, J.]

Both these criminal appeals from Jail under Section 383 , Code of Criminal Procedure, 1973 [‘CrPC’ and/or ‘Code’] have arisen out of a common Judgment and Order dated 30.11.2021 passed by the Court of learned Sessions Judge, Udalguri in Sessions Case no. 41 of 2017. The criminal appeal, Crl. A.[J] no. 29 of 2022 is preferred by the accused-appellant, Biren Das @ Bira [hereinafter referred to as ‘A-1’, for easy reference]. The other criminal appeal, Crl. A.[J] no. 26 of 2022 is preferred by the accused-appellant, Bapan Dutta [hereinafter referred to as ‘A-2’, for easy reference].

2. In the trial of Sessions Case no. 41 of 2017, these two accused-appellants, Biren Das @ Bira [A-1] and Bapan Dutta [A-2] faced a charge of murder in view of the alleged homicidal death of one Gauranga Das, along with another accused person, Umesh Deka [hereinafter referred to as ‘A-3’, for easy reference], and also a charge for the offence under Section 201 , INDIAN PENAL CODE [IPC], allegedly committed in furtherance of their common intention. By the common Judgment and Order of conviction and sentence dated 30.11.2021, both the accused-appellants have been convicted for the