JUDGMENT

1. The appellants Anil Kujur and Rantho Tanty @ Jayapuria faced trial in the Court of learned 2nd Adhoc Additional Sessions Judge, Sundargarh in Sessions Trial No.24/111 of 2004 for commission of offences under sections 302/34 and 201/34 of the Indian Penal Code (hereinafter 'I.P.C.') on the accusation that on 09.11.2003 at about 10.00 p.m. in village Bhagatpada, Kansabahal, they committed murder of one Bhaja Kindo (hereinafter 'the deceased') and threw his dead body on the railway track in order to cause disappearance of the evidence in furtherance of their common intention.

The learned trial Court vide impugned judgment and order dated 31.03.2005 found both the appellants guilty under the aforesaid charges and sentenced each of them to undergo rigorous imprisonment for life.

Prosecution Case:

2. The prosecution case, as per the first information report (hereinafter 'F.I.R.') presented by Rama Kindo (P.W.6) before the Officer in-charge of Kansabahal Out Post, Kansbahal on 24.11.2003, is that on 09.11.2003 at about 10.00 p.m., the deceased who was his younger brother came on a bicycle along with the appellants to his house and asked his sister to give him Rs.10/- (rupees ten),