JUDGMENT

These two appeals under S. 379 of the Criminal P.C. are against the judgment and order of the Orissa High Court Whereby the judgment and order of the Additional Sessions Judge, Puri were upset and in place of acquittal convictions were recorded of seven accused including the five appellants.

2. To begin with, thirty three persons were arraigned before the Court of Session as accused for being members of an unlawful assembly, the common object of which was to cause rioting, simple hurts to Bachha Naik P.W. 3 and his wife Sushila Devl P.W. 8 and also causing the death of Smt. Nihali Bewa, the maternal grand-mother of P.W. 3. The incident is of a brief description. The accused persons suspected Bachha Nalk P.W. 3. for having committed theft of paddy sheaves belonging to one Matia Patra. They went to the house of P.W. 3, dragged him out and took him to the house of P.W. 2. There they gave him some beating. When his wife Sushila Devi P.W. 8 intervened, they pushed her and some of them assaulted her and she got a blow. In the meantime, Nihali Bewa, the grand-mother of P.W. 3 arrived at the scene and protested. At that juncture Kirtan Bhuyan, one of the accused and the principal ap