1. This appeal arises out of the judgment of conviction and order of sentence dated 9-7-2003 passed by the 4th Additional Sessions Judge, (FTC), Raigarh in S.T. No. 179/2002 convicting both the appellants under S.302 and S.201 of the Indian Penal Code and sentencing each of them to undergo imprisonment for life with fine of Rs.500/-, to undergo RI for 7 years with fine of Rs. 500/- respectively with default stipulations. Both the substantive jail sentences are directed to run concurrently.

2. Facts of the case in brief are that on 31-5-2002 at 10.00 a.m. P.W. 11 Santosh Kumar Biswas father of deceased Sanjay Biswas lodged merg intimation Ex.P - 15 before Deharamjaigarh police stating that on 30-5-2002 at about 10.30 p.m. the deceased along with accused / appellants consumed liquor and thereafter they went to Amadarha Mand river and while taking