NARASIMHAM, C. J.

( 1 ) THIS is an appeal from the judgment of the Sessions Judge of Mayurbhanj keonjhar convicting the petitioners under Section 302/34 of the Indian Penal Code for the murder of one Dukh Haran Harijan on the 17th December, 1961 at about 10 P. M. and sentencing them to R. I. for lite. The learned Sessions Judge further convicted them under Section 201/34, I. P. C. but did not pass a separate sentence for that offence.

( 2 ) THE crime is said to have been committed in a jungle near Kiriburn in the district of Keonjhar where due to extensive mining projects recently started by the national Mineral Development Corporation there is a large colony of up-country labourers including several people from Gorakhpur and other districts of Uttar pradesh. One of these labourers was the deceased Dukh Haran Harijan, who came there from his village in Gorakhpur district accompanied by his wife Munari (P. W. 19) and was employed under Dr. Asthana (P. W. 6), the senior Geologist in the said Corporation. One of his relatives is Ram Murat (P. W. 13) who was also working there as a Chowkidar in that project. The two appellants Ram Jatan Jadab and Paramhansa Jadab also belonged to Gor