Vishnudeo Narayan, J.

1. This appeal has been preferred by the appellants named above against the judgment dated 29.5.1991 passed in Sessions Trial No. 69 of 1988 by Shri J iwan Tigga, 2nd Additional Sessions Judge, Singhbhum at Chaibasa whereby and whereunder they were found guilty for the offence under Sections 302 and 201 read with Section 34 of the Indian Penal Code and they were convicted and sentenced to undergo R.I. for life for the offence under Section 302/34 of the Indian Penal Code and R.I. for seven years for the offence under Section 201/34 of the Indian Penal Code. However, both the sentences were ordered to run concurrently.

2. The prosecution case has arisen on the basis of the written report (Ext. 8) of PW 8, Kishore Sawayan, Mukhiya of village-Gundipua lodged before the Muffasil P.S., District Singhbhum on 28.8.1987 on the recovery of an unknown naked dead body of a woman in the paddy field full of water in village-Gundipua and the case was Instituted against unknown accused persons on 28.8.1987 at 6.00 hours which was received in the Court of Chief Judicial Magistrate, Singhbhum on 29.8.1987. The time of the alleged occurrence, however, has not been disclosed in the written report, (Ext. 8) aforesaid.

3. The prosecution case, in brief, is that there was an uproar in the village that there is a dead body of a woman in the paddy field full of water of Dogra Sawayan two kilometers north of village. Gundipua and on this information PW 8, the informant, in the company of Dokuma Chada Sawayan went there and found the naked dead body of an unknown woman, aged about 30 years in the paddy field full of water of Dogra Sawayan and there were a large number of injuries on the dead body of the deceased woman. It is further alleged that it appears that she has been done to death by some sharp cutting weapon by some unknown persons and her dead body has been thrown in the said paddy field. It is also alleged that the dead body has not been identified.

4. In course of investigation the dead body of the deceased was identified as Sohbari Kui @ Kundri Kui, wife of PW 1, Bhukari Sawayan resident of village - Gil-pitola Kiriwada on the basis of her photographs and the complicity of both the appellants also transpired and on the confessional statement made by the appellants and as pointed by them the petticoat of the deceased was recovered in presence of the witnesses from a bush in village-Gilpitola Kirigote where her murder has been committed.

5. The appellants have pleaded not guilty to the charge levelled against them and they claim themselves to be innocent and to have committed no offence and they have been falsely implicated in this case.

6. It is pertinent to mention at the very out set that there is no ocular witness of the occurrence in question. However, the prosecution has examined ten witnesses in support of the prosecution case. PW 8, Kishore Sawayan, Mukhiya of village, Gundipua, is the informant of this case. PW 9, Marigal Singh Sawayan, resident of village Gundipua is the person who was informed PW 8, the informant regarding the existence of the dead body of a woman in the paddy field full of water of Dogro Sawayan. PW 2, Durga Charan Sawayan and PW 3, Chiran Satari Sawayan are the witnesses of the seizure regarding light pink brownish petticoat said to be of the deceased woman of this case alleged to have been recovered from a bush west of Hansabari tank in village Gitilpi Kiragot in pursuance of the confessional statement made by the appellants and Ext. 4 is the production- cum-seizure list in respect thereof but they have turned hostile. PW 4, Joti Sawayan and PW 6, Kailash Purty have also turned hostile and does not at all support the prosecution case. PW 1 is the husband of the deceased woman, namely, Sohbari Kui @ Kundri Kui of this case. PW 10, is Dr. Ranbir Singh, who has conducted the post-mortem examination on the dead body of the deceased and the post-mortem report as per his pen is Ext. 9. PW 7, N.