JUDGMENT :

B. Panigrahi, J. - This appeal has challenged the legality, validity and propriety of the order/Judgment of conviction passed by the learned Sessions Judge, Phulbani under Sections 302/34 of the Indian Penal Code for commission of murder of one Lonkeswar Mallik.

2. The prosecution case as unfurled in course of trial is as follows:

On 20th July, 1989 both the Appellants along with the deceased went to village 'Godamundi Nala' for distilling I.D. Liquor. Appellant Jagu Mallik was the sworn friend of the deceased. After a little while, the father of the deceased met Appellant Jagu Mallik on the way. On enquiry made by the father of the deceased, Appellant Jagu's wife impressed upon him that the deceased had gone with her husband for distilling liquor. Although the parents of the deceased waited for the return of their son Lonkeswar, but he did not return. Therefore, on the following morning the parents of the deceased went to the house of Jagu and enquired about the deceased. On being asked, Appellant Jagu replied that after consuming excessive dose of alcohol, Lonkeswar could not recover sense and slept on the way. Hearing this, they went in search of Lonkeswar. After coverin