JUDGMENT

A. Pasayat, J. - These two appeals are directed against a common judgment passed by learned Second Additional Sessions Judge, Puri (hereinafter described as the "trial Judge'') in S.T. Nos. 2/30 and 4/174 of 1988. The appellants in the present appeals (hereinafter referred to as "the accused') have been convicted for offence punishable under section 304/34 of the Indian Penal Code, 1860 (in short, "the I.P.C.'') and sentenced to imprisonment for life. In S.T. No. 2/30 of 1988 one Deba @ Debendra Kumar Sahu Cased trial but has been acquittal by learned trial Judge.

2. Accusation which led to the trial of accused, filtering out unnecessary details, is as follows: -

One Chandramani Sahu (hereinafter referred to as "the deceased)" had a sweetmeat stall at Market crossing of Puri Municipality. On 25.7.1987 at about 3 a.m. night a written report was submitted by Binod Kumar Mohanty (P. W .1). According to it, at about 2.15 a.m. night, two accused - appellants along with another had come to the shop of the deceased. The informant was working as a servant in the said shop. Accused Baina all of a sudden caught hold of the neck of Karna, another employee and asked him to give him a