JUDGMENT

B.P. RAY, J. — Since both the appeal arise out of one judgment, they are heard together and are disposed of by the following common judgment.

2.Both the appellants assailing their conviction under Sections 302/452/34 of the I.P.C. and sentences passed there under to undergo imprisonment for life and R.I. for five years respectively by the learned Addl.Sessions Judge, Cuttack have preferred the appeals.

3.The allegations which led the appellants to trial briefly stated are that on 24.3.1995 at about 4 P.M., the deceased Harmohan Bisoi was returning to his quarter at Railway Colony from his duty. The appellants and two other, namely, Deba @ Debendra Kumar Das (since acquitted) and one Bhaskar Pradhan (absconding accused) who were concealing nearby chased the deceased to the quarters and hacked him by means of sword and knife. Thereafter, the deceased was removed to the S.C.B. Medical College and Hospital, but he succumbed to the injuries at 5.30 P.M. on the very day.

4.Appellants have taken the plea of complete denial.

5.The learned trial Court on appreciation of evidence while acquitting the accused Deba @ Debendra Kumar Das of all the charges found the appellants guilty of comm