judgment

P.P. NAOLEKAR, J.

1. The appellants herein, namely, Dhaneswar Mahakud, Ganeswar Mahakud, Dasratha Mahakud and Kamala Kanta Mahakud (originally A-2 to A-5) alongwith two other persons, namely, Pitabash Mahakud (A-1) and Sanjeeb Kumar Mahakud (A-6) were tried for the offences punishable under Sections 148, 302/149 and 323/149 ofthe Indian Penal Code (IPC). The Court of Sessions convicted and sentenced all the six accused to undergo life imprisonment for causing death of two persons, namely, Biswanath Barik and Umakant Barik. In an appeal filed in the High Court, A-1 and A-6 were acquitted, whereas the accused appellants (A-2 to A-5) were not found guilty under Sections 148 and 149, IPC but their conviction under Sections 302 and 323, I PC and the sentence of life imprisonment for the offence under Section 302, IPC was confirmed. No separate sentence had been passed under Section 323, IPC. The appellants are, therefore, before this Court challenging the order of the High Court.

2. The brief facts of the case are as follows:

As per prosecution version, on 23rd March, 1992 at about 7.30 a.m., Dhaneswar Mahakud (A-2), Ganeswar Mahakud (A-3), Dasratha Mahakud (A-4) and Kamala Mahakud