R. K. PATRA, J.

( 1 ) THE petitioner and two of his associates were tried on Charges under Ss. 149/307, 149/323 and 380/34 of Indian Penal Code (for short, 'ipc'), in Court of the Assistant Sessions Judge, Sambalpur. The learned Trial Judge acquit ted petitioner's associates under S. 232, Cr. P. C. He did not find the petitioner guilty of the offences under Ss. 149/323 and 380/34 of IPC. The petitioner was, however, found guilty under S. 307 of IPC and convicted thereunder. He was sentenced to undergo rigorous imprisonment for three years. Against the said conviction and sentence, the petitioner pre ferred appeal before the learned Sessions Judge, Sambalpur which ended in dismissal. Hence this revision.

( 2 ) WHILE admitting, this revision, this Court by order dated 20-7-1987 issued notice to the petitioner calling upon him to show cause as to why the sentence shall not be enhanced.

( 3 ) BRIEFLY stated, the prosecution case is that on 4-12-1982 at about 5 p. m. a Matador F. C. vehicle came from Sambalpur side and stopped on the main road of village Thalkuli. About 20 to 25 persons between the age group of 20 to 30 years including the petitioner got down from the vehicle. They w