PASAYAT, J.

( 1 ) THESE two appeals arise out of a common judgement passed by the learned Second Additional Sessions Judge, Bhubaneswar. The three appellants in these two appeals (hereinafter referred to as 'accused' by their respective names) faced trial for allegedly having committed an offence u/s. 302/34 of the Indian Penal Code, 1860 (in short 'i. P. C. '), by intentionally causing death of Surendra Nayak (hereinafter referred to as 'deceased') in furtherance of their common intention.

( 2 ) SANS unnecessary details, the prosecution case as unfolded during trial is as follows :the deceased was serving as a Sweeper in the S. C. B. Medical College, Cuttack and was residing at Kedaipali of Bhubaneswar in the house of his mother-in-law, Labanya Bewa (P. W. 7), along with his wife Rama Dei (P. W. l ). He used to come daily from Bhubaneswar to attend his work at Cuttack. On 4-5-1989, he left his house to catch the morning train for coming to Cuttack. He had to carry some clothes of his wife (P. W. 1) to get them stitched at Cuttack. Since the deceased left the home without carrying the clothes, P. W. 1 carried them and ran after him to hand-over and near the shop of one Prakash, s