JUDGMENT

KURIAN, J.:

1. Appellant is the second accused in Criminal Case No. 31 of 2001 on the file of the Sessions Judge, Sikkim at Gangtok. He was charged along with one Ranjit Roy under Sections 302, 380 read with Section 34 of the Indian Penal Code (45 of 1860) (hereinafter referred to as 'IPC'). According to the prosecution:

"These two accused persons were already in need of money for their expenses as Durga Roy (Burman) had already borrowed much cash from his master Sujit Basak before completing his works and he had nothing to get from his master for few days. The money problem became more serious when on 5.7.2001 the accused person received telephonic call from the father of Ranjit Roy stating that his mother is seriously ill at home and he should return home immediately. That night both the accused persons slept late discussing about their monetary problems. Next day (i.e. 6.7.2001) in the morning, Ranjit Roy went to the rented room. Shibu Barman had already left for his job. After some time Durga Roy (Barman) also arrived in the room. Both of them were under the strong impression that Lalan Prasad had enough money in his house as he was engaged in lottery business and both h