JUDGMENT

DESAI, J. :— The appeal under Section 2A of the SC (Enlargement of Criminal Jurisdiction) Act, arises from a trial held by the learned Additional Sessions Judge, Cuttack against the present six appellants and two others in which they were charged for committing the murder of one Lakshman Kumar Das and thereby committing an offence under S. 302 read with S. 34, Indian Penal Code or in the alternative under S. 302 read with S. 149 Indian Penal Code.

2. Prosecution case is a very simple one. There was some litigation between deceased Lakshman Kumar Das on one hand and the appellants on the other and the relations between them were embittered. On 4th April, 1971 in the early hours of the morning deceased went out in the open place to ease himself. He was sitting behind a ridge in the land belonging to one Raghu Padhan. At that time accused 2 Rabi Chandra Padhan approached him and gave him a blow with a bamboo stick on his right thigh. Deceased Lakshman Kumar Das tried to escape. At that time the other accused came over there. Accused 5 was armed with a Katua and other accused were armed with bamboo sticks. All the accused belaboured the deceased. The deceased raised an alarm wh