PATRA, J.

( 1 ) THE five appellants along with three others who have been acquitted were placed on trial before the Sessions Judge, Balasore on charges under Sections 302/149 and 120-B, I. P. C. on the allegation that they conspired to murder one ramchandra Choudhury and that in pursuance of the said conspiracy they on the 24th November, 1965 formed an unlawful assembly with the common object of committing the aforesaid murder and did in furtherance of the common object commit murder. Eight other persons were also charged for conspiracy but they were also acquitted. Of the 16 accused thus placed on trial, the five appellants alone were found guilty on both the charges and convicted and sentenced to imprisonment for life under Section 302/149, I. P. C. No further sentence was imposed on them for their conviction under Section 120-B, I. P. C.

( 2 ) THE deceased Ramchandra Choudhury was practising as an Advocate at Nilgiri but was residing in his ancestral house in mouza Narayanpur which is at a distance of about 12 miles from Nilgiri. He used to come daily on his bicycle from his village to attend the Court at Nilgiri and return home in the evening. The appellants are all inter-rel