JUDGMENT

MISRA, J. : Both the accused-appellants have been convicted under Section 302 read with Section 34 I. P. C. and sentenced to death. Accused Arjoon alias Polka Domba has been further convicted under Section 392 read with Section 397, I. P. C. but no separate sentence has been imposed.

2. The prosecution case is that at about noon on 22nd January, 1962 Arjoon alias Polka Domb, accused No. 1 took the deceased Durjan, son of Purosattam Soura (P. W. 1) inside the jungle at a distance of about one mile from the village of the deceased. Accused No. 2 Urdhab was tending cows in that area. The boy did not return to the house till afternoon. The father made a search for the boy and learnt from different persons including Jagabandhan Lahara (P. W. 7) that the deceased was found in the company of accused-1 at about noon. Accused-1 denied all knowledge for sometime, but later on admitted that he had been to gather thorns in Sindiguda forest and found Urdhab (accused-2) and Kuna, a man of another village, going with the deceased and later heard a cry like "Margalo lo Ma". He led the villagers to the place where he heard the cry where the villagers found the dead body. The defence is one o