Judgment :

D.Dash,J.

1. Since in both these Appeals as at (A) & (B), the judgment of conviction and order of sentence dated 3^rd August, 2022 passed by the learned Additional Sessions Judge-cum-Special Judge, Jeypore in Criminal Trial No.13 of 2015 arising out of G.R. Case No.451 of 2014 corresponding to Boipariguda P.S. Case No.73 of 2014 of the court of the learned Sub-Divisional Judicial Magistrate (S.D.J.M.), Jeypore are under challenge; those had been heard together and are disposed of by this common judgment.

The Appellants (accused persons) of both the Appeals as at (A) & (B) have been convicted for commission of offences under sections 302/201/34 of the Indian Penal Code, 1860 (for short, ‘the IPC’) and each of them has been sentenced to undergo imprisonment for life and pay fine of Rs.50,000/- (Rupees fifty thousand) in default of fine to suffer rigorous imprisonment for a period of two years for the offence under section 302, I.P.C. They have also been sentenced to undergo rigorous imprisonment for five years and fine of Rs.10,000/- in default to undergo rigorous imprisonment for a period of four months for the offence under section 201, I.P.C. with further stipulation that the substantive sentences would run concurrently.

2. The prosecution case in short is that on 13.07.2014 there was a quarrel between Nanda Hantal and Mana Singrabi(deceased) at Bhaluguda Chhak and the ill-feeling between the two was there for quite some time before. The wife of Nanda Hantal had threatened to kill Mana Singrabi, the husband of Jamuna Singrabi (Informant-P.W.23). On 16.07.2014 around 2 p.m., Mana Singrabi after attending a feast at village Kenduguda had gone to village Aduanguda for arranging some labours. He reached Bhaluguda chhak around 6 p.m. Mana Singrabi with his friends, namely, Somanath Kaudia (P.W.17) and Dama Pangi took liquor near that Bhaluguda Chhak and there they met these accused persons of their village. As Mana Singrabi did not return home in the night, a report with regard to missing of his father was given by Samaru Singrabi, the son of Mana Singrabi (P.W.13) at Boipariguda Police Station on 20.07.2014. Then the wife of Mana Singrabi lodged a written report with the Inspector-in-Charge (IIC) of Boipariguda Police Station raising suspicion against Nanda Hantal, Damai Hantal, Damu Pangi of village Badaguda and Somanath Kaudia of village Dhanapuraguda to be involved in the killing of her husband and concealing his dead body somewhere as they too threatened her and her son with dire consequence like her husband if the matter would be reported at the Police Station. The I.I.C. having received this report immediately registered a case and took up investigation.

In course of investigation, the Investigating Officer (I.O.-P.W.24) came to know that accused Gobardhan Mathapadia had illicit relationship with the Informant (P.W.23) and on 16.07.2014 around 8.30 p.m. at Bamanaguda, these four accused persons had assaulted Mana Singrabi (deceased) with liquor bottle, fist blows, kicks and to have caused injuries by means of sharp edged weapon on his head leading to his death and that they had somewhere thrown the dead body in the dense forest inside Nala.

On completion of investigation, Final Form was submitted placing the accused persons to face the trial for commission of offence under section 302/201/34, I.P.C.

3. Receiving the final form, learned S.D.J.M., Jeypore took cognizance of said offences and after observing the formalities, committed the case to the Court of Sessions. That is how the trial commenced against these accused persons by framing the charges for the above mentioned offences.

The plea of the defence is that of complete denial and false implication.

4. The prosecution, during Trial, in total has examined fourteen (24) witnesses. Out of them, P.W.1 and 4 are the younger brothers of the deceased whereas P.W.6 is the owner of the liquor shop at Bhaluguda Chhak and P.W.7 is the Sarpanch of the village. The seizure witnes