B. N. DASH, J.

( 1 ) THESE two revision petitions are directed against the judgement of the learned Second Addl. Sessions Judge, Ganjam, Berhampur whereby he has confirmed the judgement of the trial court convicting the petitioners under Sections 457/34 I. P. C. and 354/34 I. P. C. and sentencing them to each undergo rigorous imprisonment for two years and to pay fine of Rs. 500/-, in default, to undergo rigorous imprisonment for a further period of six months under Section 457/34 and to undergo rigorous imprisonment for one year under Section 354/34 IPC, with a direction that the sentences shall run concurrently.

( 2 ) SHORTLY stated, the prosecution case is that on 2-7-1989 at about 11. 30 P. M. while Radha Charan Patnaik (P. W. 10) was returning to his rented house from the market, he found on a junction near his house some persons to have been injured. He rushed to his house and returned to the junction with some face powder and neosprin ointment. Not being satisfied with such medicine, the petitioners who were there in the junction assaulted P. W. 10 mercilessly and threw him to a road side drain. Having heard the hue and cry raised by P. W. 10, his family members came to the