JUDGMENT

VINOD PRASAD, J. - Appellants Bidyadhar Prahraj/A1, his wife Smt. Sabiri Samantaray/A2, and their daughter Pragna Parmita Prahraj @ Rinku/A3, assail and challenges impugned judgment and order dated 30.3.2015 whereby Sessions Judge, Jajpur, in C.T.Case No.76 of 2010, State of Orissa versus Bidyadhar Prahraj and other, (G.R. Case No.120 of 2008, J.M.F.C., Jajpur Road, emerging from P.S.Case No. 120 of 2008, u/ss. 302/201/24 I.P.C., Police station Jajpur road, district Jajpur), has convicted A1 & A2 u/s.302/34 and 201/34 I.P.C. and has sentenced them to life imprisonment with fine of Rs.10000/- (Rs.Ten Thousand only) and in default in payment of fine to serve additional 6 months (six months) R.I. on the first count, five (5) years R.I. with fine of Rs.10,000/- (Rs. Ten Thousand only) and in the event of default to undergo six (6) months further R.I. on the second count, whereas A3 has been convicted u/s.302/109/34 I.P.C. and sentenced to life imprisonment with fine of Rs.10000/- (Rs.Ten Thousand only), the default sentence being further six (6) months R.I. Benefit of set off has been conferred in all the convicts and sentence of A1 & A2 are to run concurrently are further directions.

2.Embarking upon adumbrated prosecution story, eschewing trivial and insignificant factual matrix, which was slated down in the FIR, elicited during investigation and later on trotted out before the learned Trial Court, it emerges that one Mayadhar Moharana/PW9 has a house, with three tenanted portions, at Ward No.5, Forest Guest House, Jajpur Road, district Jajpur and he resided in the western portion on the ground floor of that house along with his family including Jayanti Moharana (wife). Buna (elder son), Janmejaya Moharana alias Bapuni/PW1 ( younger son), Mrs. Jyoti Moharana/PW10 (eldest daughter) and Trupti @ Kandhei (younger daughger). On he same ground floor all the appellants along with Bapuni (son of A1 & A2), were tenants of PW9 in the eastern side, since 6.8.2006.A1 was the classmate of PW9 in Vyasa Nagar College, and hence he had intimate acquaintances with PW9.Present occurrence occurred in this eastern portion on the ground floor under occupation of the appellants. Both the portions on the ground floor were separated by a channel gate which was usually locked. Appellant’s dining hall lay towards east and said channel gate adjoining the kitchen. A1 was a lecturer in Economics while A2 was a lecturer in Oriya in Vyasa Nagar College on the ill-fated incident day, while A3, aged about 25 years, was employed as an officer in ICICI Bank, Talcher, since four months ago, Gopabandhu Das/PW13, (General Manager VISA Steel Ltd.) and Pradhan Karua/PW14, (Sr. Manager, VISA Steel Ltd.) along with their families were tenants of PW9 towards western and eastern portion, respectively, on the first floor of aforesaid house.

3.Turning to deceased relationships, Narhari Rana and Jaidev Rana, bolth initially residents of village Khedarpur, were cousin brothers.Sanjay Rana (Deceased) and Gitanjali Rana/PW12, were real siblings, bolth being issues of Late Jayadev Rana. Sanjaya Rana (deceased), by vocation, was a jeweller having a jewellery shop at Khuladi Chhak in Fuladi locality in district Balasore. Ranjan Rana/PW8 was cousin brother of the deceased, while Ravindra Kumar Biswal/PW7 was his friend.

4.Further prosecutgion case is that Gitanjali Rana/PW12 had to appear in an examination at district Bhubaneshwar and therefore Sanjay Rana (deceased) accompanied her in train and while travelling Sanjay Rana (deceased) developed acquaintance with A3, which, in due course, through mobile conversations and intermittent visits to the house of A3.turned into a love relationship.A3, who at that point of time was working with CURVEY, had promised to marry Sanjay Rana (deceased). It also emerges from statements of PW12 that A3 was in financial difficulty and therefore she had asked the financial help from the deceased and, because of their infatuated relationship, t