JUDGMENT : B. Panigrahi, J. - These two appeals arise out of the same order passed by the learned Sessions Judge. Mayurbhanj, Baripada in S.I. Case No. 33 of 1994 whereby both the Appellants have been convicted under Sections 302 and 366 IPC and sentenced to undergo imprisonment for life and rigorous imprisonment for five years respectively; the sentences to run concurrently. They were heard together and are disposed of by this common judgment. 2. The skeletal picture of the prosecution story as narrated in the trial Court's judgment is as follows: The deceased Sambari and her companion Basi (P.W.2) had been to the Manada weekly market, they met both the Appellants and developed friendship with them. Both the Appellants gave them feigned assurance of marriage as it is permissible in their tribe. In the night near a Pipal tree closed to the deceased Sambari's house both the Appellants waited for the arrival of the deceased Sambari and Basi. Immediately after they joined the Appellants, all the four went to Asana College. The Appellant Naren slept with the deceased Sambari on the college verandah whereas the other Appellant Chalai alias Hemanta Majhi took Basi to a nearby cashewnut garden and spent night there. After the night was over all the four went to some distance and thereafter the Appellants parted away from the company of the deceased and P.W.2 But the victim P.W.2 and her associate deceased Sambari chased both the Appellants and persuaded them to marry, which they had promised in the preceding evening. Both the Appellants went with the deceased and P.W.2 to some distance and at a lonely place threatened them with dire consequences if they disclosed the incident before anyone. P.W.2 somehow escaped from their clutches and concealed herself in a nearby bush whereas both the Appellants caught hold of Sambari and split up her sari. Appellant naren tied one end of the sari to the neck of the deceased Sambari and, at the same time, Appellant Hemanta claimed up to the mango tree and tied the other end of the sari to a branch of the said tree. Before she was clung to the tree, it appears that she was strangulated and thereafter hanged. Appellant naren tied one end of the sari to the neck of the deceased Sambari and, at the same time, Appellant Hemanta claimed up to the mango tree and tied the other end of the sari to a branch of the said tree. Before she was clung to the tree, it appears that she was strangulated and thereafter hanged. Basi (P.W.2) came in the following morning and narrated the incident to P.W.1 Samu Murmu whereafter P.W.I and one Pratap Murmu proceeded to the said mango tree and found that the deceased Sambari was hanging from a branch of the tree. The untied the sari and brought her down. Accordingly, a report was lodged by P.W.1 at the police, station. On the basis of such report. P.W.14 immediately proceeded to the spot, held inquest over the dead body of Sambari. despatched the dead body to the Rairangpur Sub-divisional Hospital, seized the garments of the deceased on production by the constable, arrested the accused Hemanta and seized his chadi. seized the sari and other garments of P.W.2 Basi, arrested the other Appellant and sent them for medical examination sent the seized articles through the S.D.J.M. Rairangpur for chemical analysis and after closure of investigation placed charge sheet before the S.D.J.M. 3. In order to sustain the conviction against the Appellants the prosecution has examined 14 witnesses of whom the evidence of P.W.2 is significant. P.W.1. the father of the deceased has deposed that on the Thursday preceding the date of occurrence he had been to the Manada weekly market to purchase kerosene along with his daughter Sambari. His daughter returned at about 3.00 P.M. along with Anr. girl Jaba Soren. In the night, he noticed his daughter Sambari absent from the house. An extensive search was carried on. Despite such search she could not be traced out in the night. In course of search P.W.3 Jaba Soren informed him that his daughter Sambari and P.W.2 Basi were found talking with both the Appellants in Manada Market. In the night P.W.1 could not get any trace. Therefore, in the following morning he proceeded to the house of P.W.2 - Basi. Basi however, informed him about the preceding night's incident that both the Appellants had assured to marry Sambari and her and with that assurance they had gone with them to Asana College. In the night P.W.1 could not get any trace. Therefore, in the following morning he proceeded to the house of P.W.2 - Basi. Basi however, informed him about the preceding night's incident that both the Appellants had assured to marry Sambari and her and with that assurance they had gone with them to Asana College. Appellant Naren had spent night with Sambari whereas the other Appellant Hemanta with Basi in a nearby cashewnut garden. On the following morning both the Appellants forsook Basi and Sambari and made an attempt to run away. At this juncture, Sambari and Basi thought that unless the Appellants be kept confined till the marriage they would leave their company for ever. Therefore, they chased them and persuaded them to marry. In the process, all the four went up to a distance and on the way Bast and Sambari were threatened to death if they followed them. So Bast run away to a distance and concealed herself in a nearby bush whereas Sambari was strangulated by both the Appellants. They stripped off her clothes. Naren tied one end of the sari to the neck of the deceased whereas the other Appellant Hemanta tied the other end to a branch of the mango tree just to make it appear that Sambari had committed suicide. 4. P.W.2 also corroborated the evidence of P.W.1 and claimed to have narrated the incident to him. P.W.3 has stated that both deceased Sambari and Bast (P.W.2) were found talking with the Appellants. P.W.4 is the father of P.W.2. He was deposed to have learnt from her daughter about the incident. P.W.5 is a co-villager of P.W.1 and from his evidence it appears that he had accompanied P.W.1 to the police station. P.W.6 also deposed in the same light. P.W.7 is the Medical Officer who had conducted autopsy on the dead body of Sambari and opined that the death was due to asphyxia on account of strangulation. It is also noticed that she was ravished prior to her death. P.W.8 is the Medical Officer who had examined P.W.2. P.W.10 is a witness to the seizure of the garments of the deceased. It is also noticed that she was ravished prior to her death. P.W.8 is the Medical Officer who had examined P.W.2. P.W.10 is a witness to the seizure of the garments of the deceased. P.W.13 is the O.I.C. Bisoi P.S. P.W.14 is the I.O of this case who investigated into the case and after seizure he sent the materials to the Chemical Analyst through the S.D.J M. Rairangpur The report has been enclosed to this case which suggests that the deceased was sexually assaulted prior to her death. 5. In this case one of the Appellants, namely. Hemanta Majhi was examined as a witness on behalf of the defence. His evidence reveals that he and his associate Naren had taken P.W.2 - Basi and the deceased Sambari with an assurance of marriage. From the evidence of O.W.2 it has further transpired that they had taken both the girls to the cashewnut garden near Asana College, slept with them and co-habited with them. Thereafter they had also taken rest on the verandah of the college. Therefore from the evidence of D.W.2 the prosecution story has been fully established to the extent that the Appellants had taken P.W.2 and the deceased Sambari to Asana College on their bi-cycles with the assurance of marriage and co-habited with them in nearby cashewnut garden. On the following morning, when the deceased Sambari raised protest against the action of the Appellants, the latter declined to take her with them. They throttled her neck and hanged the dead body to a branch of the mango tree. They further kidnapped both the girls with the assurance of marriage and both were below 16 years of age. The trial Court has, therefore, rightly convicted and sentenced them and we do not find any material worth the name to disagree with the judgment of the learned Sessions Judge. 6. In the result, the appeal fails and is accordingly dismissed. The conviction and sentence passed against the Appellants is hereby confirmed. P.K. Misra, J. 7. I agree. Final Result : Dismissed