A. K. PARICHHA, J.

( 1 ) BOTH the appeals are taken up for analogous disposal as they arise out of a common judgment passed by learned Addl. Sessions Judge, Titlagarh in s. C. No. 106/24 of 1994.

( 2 ) IN S. C. No. 106/24 of 1999 three accused persons, namely, Laxman Panika, $ ramesh Kumar Tandi, and Ramkumar Nag were prosecuted under Section 302/34. IPC for committing murder of one Gajendranath chhuria, Junior Soil Conservation Officer stationed at Kantabanji in the night of 9-5-1994 at his official residence situated in the soil Conservation campus in furtherance of the common intention. Brief fact of the case, was, that on 9-5-2004 morning the deceased along with his staff went to village Bahabal area for making payment to the labourers, who were engaged in different projects of the soil Conservation Department. After making payments, he returned to his residence situated inside the Soil Conservation office building at Kantabanji with the remaining cash at about 7. 30 to 8. 00 p. m. There, after taking dinner, he called accused Laxman panika, (appellant in Jail Criminal Appeal no. 38 of 1996) who was working as his personal servant and watchman of the Soil conservation Office,