BARMAN, A. C. J.

( 1 ) PANGI Jogi Naik and Pangi Bisu Naik, who are both brothers were convicted on a charge of murder of Pangi Krishna and his wife Pangi Muthei on the night of 16th september 1963, and sentenced to death by the learned Sessions Judge of koraput.

( 2 ) THE motive for the murder is said to be hostility due to some land dispute between the parties. The weapon used for committing the murder is said to be tangia (M O I) which caused an incised punctured wound. The tangia was found to be stained with human blood, according to the Serologist's report.

( 3 ) THE accused persons (appellants) totally denied their complicity in the crime ; their case is that due to previous enmity they have been falsely implicated in this case.

( 4 ) ON 6 (16?) September 1963, the deceased Pangi Krishna and his wife, the deceased Pangi Muthei were sleeping with their four children including two boys, namely Pangi P. W. 1 Pangi Dora aged 15 years and P. W. 2 Pangi Rama aged about 12 years, in one room, the doors of which are said to have been closed from inside. The husband and wife were sleeping in two cots joined together while the children were sleeping on the floor below. The doors of