A. PASAYAT, J.

( 1 ) THESE two appeals are directed against a common judgment passed by learned second Additional Sessions Judge, Pun (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, T1the 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 Pun 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 glas