JUDGMENT

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. In these appeals challenge is to the judgment of a Division Bench of the Calcutta High Court dismissing the appeal filed by the appellants. Both the appellants were convicted for offence punishable under Sections 302, 201 read with Section 34 of the Indian Penal Code, 1860 (in short the ‘IPC’). Three persons were accused of the alleged offences. One of them, i.e. Md. Nayeen @ Raju did not face the trial. Learned Additional Sessions Judge, Ist Court, Alipore, in the district of 24 Parganas (South) in Sessions Trial No.1(1) of 1995 found the appellants guilty, and convicted and sentenced them.

3. Prosecution version as unfolded during trial is as follows:

One Tarence Stanley Arland son of late Joseph William Arland serving as the Secretary of the Christian Cemetery located at 184, Acharya Jagadish Chandra Bose Road, Calcutta-17 was working in his office at the said premises on 10.2.1994. At about 3 P.M. on that day one Lakshman Singh a Gardner of the cemetery came to Mr. Arland in his office and informed him that a boy aged about 10/12 had come to him earlier and informed him that a dead body was lying on the south east corner of the