(1.) BOTH the matters being analogous were heard together and are disposed of by this common judgment.
(2.) BOTH the appeals arise out of the judgment dated 5.12.1996 of the learned 1st Addl.Sessions Judge, Berhampur in S.C. No.10 of 1996 (S.C. No.48/1996 GDC) by which the appellant Manguli Nayak (vide Criminal Appeal No.3/1997) has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life and respondent Kama Nayak (vide Government Appeal No.56 of 1998) has been acquitted of the charges.
(3.) THE plea of the defence was one of denial.