K. P. MOHAPATRA, J.

( 1 ) THIS appeal is directed against the judgment and order passed by the learned Sessions Judge, Baripada, acquitting the respondents of the charge under Section 302 read with Section 34 of the Indian Penal Code.

( 2 ) PROSECUTION case is that one Brundaban Panda of village Sainkula within Khunta Police Station of Mayurbhanj district had three sons named, P. W. 1 Somanath, Jagannath and Bholanath. Sanathan (referred to as the deceased) was gaged two Kiaris of paddy land measuring about Dei (D. W. 1) elder sister of the wife of respondent Sudam. Despite the mortgage, possession of the land was with Brundaban and after him, with his sons named above. In the year 1980, paddy crops had been raised on the land in question by P. W. 1 and his brothers. On 19-7-80 at about 8. 30 a. m. P. W. 1 and his brothers with the deceased and two labouers, P. W. 4 and another, came to the land the deceased was standing on the ridge. The three brothers were engaged inside the field itself. At that time, the respondents armed with lathis and followed by 10 to 12 persons, all of whom were similarly armed, arrived near the land. Respondent, Sudam enquired as to why they were engage