(1) THE two appellants are convicted u/S. 302 read with Section 34, Indian Penal Code. and sentenced to undergo imprisonment for life. The prosecution case is that the two accused along with Itwaro Sadda, the deceased were working with one Avtar Singh pw 2 in harvesting the crop. All the three were putting upjointly in a room of tubewell. It is alleged that on the intervening night on 12/09/1984 the two accused and the deceased slept together. In the next morning the deceased was found dead. Uttam Sadda, one of the appellants next day went to the place of Public Witness 2 in a warned manner and it is alleged that he was taken to Sarpanch Public Witness 7 before whom the two accused were said to have made a confession. The post-mortem was conducted on the body of the deceased and the doctor opined that the death was due to the rings of the trachea being broken. On completion of the investigation a charge-sheet was laid.

(2) THE prosecution mainly relied on the extrajudicial confession which was retracted during the trial in the statements of the accused under Section 313, Criminal Procedure Code. The learned Special Judge who tried the case under the Provisions of Ter