( 1 ) TESE two appeals i. e. Criminal Appeal No. 454/2000 preferred by Dilbodh Nagesia and Criminal appeal No. 1271/2000 preferred by Tijan nagesia are arising out of the same judgment therefore they are being disposed of together by this common judgment.

( 2 ) THE accused/appellants have preferred these criminal appeals under Section 374 (2) of the Criminal Procedure Code being aggrieved by the judgment dated 15th dec. 1998 passed by the learned First Addition sessions Judge, Ambikapur District surguja in Sessions Judge after holding accused/appellants guilty of the offence punishable under Section 302 read with 34 of the Indian Penal Code sentenced both of them to undergo imprisonment for life.

( 3 ) THE prosecution case is that on the intervening night of 30th Nov. and 1st Dec. 1997 at about 9 p. m. deceased Pradeep was at the residence of his brother Ram Narayan. The three accused persons namely Tijan, gulab and Dilbodh came to the house of ramnarayan. They wanted to take Pradeep along with them but Ram Narayan told them that Pradeep would not go. But after 10 minutes they came back and took Pradeep along with them. Pradeep had not returned to his residence in