JUDGMENT

ORDER:— This appeal is preferred against the judgment made in Govt. Appeal No. 39 / 76 on the file of the High Court of Orissa. These two appellants along with the others, namely, Arakhita Pandhan and Pareswar Padhan who were arrayed as accused Nos. 3 and 4 took their trial under the charges namely, the appellants and the third accused u/s. 302 read with 34, I.P.C. and 4th accused u/s. 302 read with 114, I.P.C. The appellants are brothers. The third accused (since acquitted)* namely, Arakhita is the father of the appellants and the 4th accused Pareswara Pradhan is the grandfather of the appellants. The charge levelled against these appellants and others is that on 3-4-74 at Kanbar, the appellants along with their father in furtherance of their common intention committed murder of one Gaja Bohi and the grandfather Pareswara Pradhan accused No.4 abated the commission of the said offence. The trial Court acquitted accused No. 4 and convicted the appellants u/ s. 304, I. P. C. and sentenced both of them to undergo rigorous imprisonment for 7 years, and also convicted accused No .3. namely the father of the appellants u/s. 323, I.P.C. and sentenced him to undergo RI for a perio