JUDGMENT

Dr. S. Muralidhar, CJ. - The present appeal is directed against the judgment dated 26th August, 2000 passed by the Additional Sessions Judge, Talcher in S.T. Case No.118-A/25 of 1998/2000 convicting the Appellants for the offence punishable under Section 302 read with Section 34 IPC and sentencing each of them to undergo imprisonment for life.

2. By an order dated 3rd April 2004, the Appellants were directed to be enlarged on bail during the pendency of the appeal.

3. The case of the prosecution is that on the intervening night of 20th/21st April 1998, Goberdhan Behera (since deceased), who was the informant in the case, and his daughter-Pravati Behera (P.W. 2) woke up from their sleep hearing a sound from the courtyard in front of their house. When they came to the courtyard, they noticed deceased-Bimbadhar, son of the informant and brother of P.W.2, groaning in his sleeping place (khata). When they neared the deceased, they could notice the three accused - Harsha Behera, Accused No.1 (A1), his brother Sarata Behera (A2) and Prakash Sahu (A3) holding burchha in their hands were going away towards their village. The informant and P.W.2 found Bimbadhar lying dead in the pool o