JUDGMENT :

S.K. Mishra, J. - The Appellants having been convicted for the offence under Sections 302/34, Indian Penal Code, 1860, have assailed the conviction and sentence passed by the Learned 2nd Addl. Sessions Judge; Cuttack in S.T. No. 605 of 1998,

2. The prosecution case in short is that the deceased-Badurzamal Saha, his wife deceased-Aina Bibi along with their children were residing in village Ganeswarpur within the jurisdiction of Tangi Police Station. Accused Namdar Saha and his sons are the front door neighbours of the said Badurzamal. The accused Ramesh Giri is a resident of that village but his house situates at a little distance from the house of accused and the deceased persons. Khairuzamal Saha-informant (P.W. 8), Sk. Shoban, deceased Lailoon Biwi, Pyari, Asmani Saha (P.W.1) are the children of late Badurzamal and his wife Aina Bibi.

3. In the fateful night of 24/25.4.1998 at about 12.30 A.M. informant as well as the other members of family of Badurzamal had gone to sleep after having dinner. Some dacoits entered into his house. The informant's younger brother (Sk. Soban) was sleeping outside the house. The dacoits tied him by means of a rope. He raised cries, hearing wh