B. N. MISRA, J.

( 1 ) APPELLANTS 1 and 2 are father and son respectively. Both of them have been convicted under S. 302 I. P. C. and sentenced to undergo rigorous imprisonment for life.

( 2 ) THE prosecution case may be briefly stated. The deceased, his son P. W. 9 and the two appellants belong to village Vejidihi. On 27-2-81 the deceased and his son P. W. 9 had gone to the weekly market at Kadakala and on their return journey they were accompanied by the two appellants. On the way some quarrel took place between the appellants and the deceased and in course of the quarrel appellant 1 gave a lathi blow and appellant 2 gave a bahungi blow to the deceased. As a result of this assault the deceased died at the spot. P. W. 9 returned home and informed his mother, P. W. 6. P. W. 6 informed the village Gramrakhi P. W. 2, the next morning. P. W. 2 came to the village and before him and the other villagers appellant 2 confessed his crime. Appellant 2 also produced a bloodstained Bahungi before P. W. 2. On 1-3-81 at about 12 noon P. W. 2 lodged first information regarding the occurrence with P. W. 10, the then Officer-in-charge of Kanjipani Police Station. P. W. 10 recorded the F. I. R. ,