J. K. MOHANTY,J.

( 1 ) THE two appellants and one Sansari Sahu (since acquitted) were tried in the court of the Sessions Judge, Puri, and were charged under Ss. 302/34 and 201 IPC. Appellant No. 1, Malik Abdul Salem, was also specifically charged u/ s. 302, IPC for committing murder of Saroj Bhujabal. The allegation against them was that they committed murder of one Saroj Bhujabal, a boy, in furtherance of their common intention and thereafter placed the dead body in the drain under the cabin of P. W. 2 with the intention of screening themselves from legal punishment. The learned Sessions Judge found the two appellants guilty and convicted them under S. 302, IPC and sentenced them to imprisonment for life. He also convicted them under S. 201, IPC, but no separate sentence has been awarded. Sansari Sahu has been acquitted.

( 2 ) PROSECUTION case briefly stated is as follows: -the main road running from Khurda to Daspala passes through the town of Nayagarh. On either side of the road in the town of Nayagarh there are residential houses, government offices, hospital and shops etc. In between the compound wall of the hospital and the main road, there is a big drain. Appellant No. 1 h