( 1 ) THIS is on appeal by the state against the order of acquittal of the respondents recorded by the learned Assistant sessions Judge, Chhatrapur in Sessions Case No. 31 of 1985.

( 2 ) BRIEFLY stated, the prosecution case is that the injured P. W. 6 and the respondent-accused persons were inimical to each other and number of litigations were going on between them. The accused persons had also threatened P. W. 6 and his family members with dire consequences. In such background, on 23-4-1983 at about 3. 00 p. m. while P. W. 6 was coming with P. W. 5 on a bicycle from village Hatiota to Polasara, the accused persons armed with deadly weapons obstructed them at a place called 'kolamabadalanala' and while the accused persons namely, Banshi, Kirtana, Kati Sahu and Rarnesh obstructed P. Ws. 5 and 6, accused madhusudan Sahu and Kalu Charan sahu dealt Kati (sword) blows on the left leg of P. W. 6, as a result of which his leg was severed from the body. It is also alleged that accused Debendra Panigrahi removed a cash of Rs. 1250/- from the pocket of P. W. 6. Seeing this murderous attack on P. W, 6, p. W. 5 fled away from the spot leaving his cycle and informed P. W. 4, who happens to be