JUDGMENT - HARDAS P.V., J.:---The appellants/original accused Nos. 1 and 2, have filed the present appeal challenging their conviction for an offence punishable under sections 302, 394 and 449 of the Indian Penal Code and sentenced to suffer imprisonment for life, Rigorous Imprisonment for 5 years and fine of Rs. 5000/-, in default Rigorous Imprisonment for 1 year and Rigorous Imprisonment for 5 years respectively, in Sessions Case No. 43/98, passed by the Additional Sessions Judge at Panaji, by judgment dated 23rd July, 2001.

2. The allegations against the appellants/original accused Nos. 1 and 2 is that on 13th April, 1998, between 8.00 a.m. to 11.30 a.m. at Glenvilla, Kharebhat, Chorao, the appellants along with two other accused who are said to be absconding, entered the house of Brazinho Pereira and Celina Pereira, an aged couple, killed Brazinho Pereira by stabbing him and stabbed and strangulated Celina Pereira, ransacked their house and took away gold ornaments, V.C.R. etc.

3. The facts as are necessary for the decision of the appeal are set out hereunder:---

In 1998, P.W. 29, P.S.I. Anandu Naik, was attached to the Goa Police Station as a Police Sub-Inspector. On 13th April,

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