( 1 ) THE appellants call in question the judgment and order dated 24- 8-1993 passed by the Sessions Judge, sambalpur in S. T. Case No. 213 of 1992 convicting the accused-appellants for the offence punishable under Sections 302/307 both read with Section 34 of. P. C. and sentencing each of them to undergo imprisonment for life for the offence under Section 302/34 of. P. C. and not passing separate sentence for the offence under Section 307/ 34 of. P. C.

( 2 ) SUCCINCTLY stated, case of the prosecution is that on 24-8-1992 at about 6. 00 p. m. there was a hot discussion between accused Santosh Nath and deceased bhaktaram Nath near a tamarind tree in their village, Mundhenpall, relating to damage of ridge of the paddy field belonging to the latter. During this time accused Gula @ dibya Lochan Nath, the father of the accused santosh being armed with Lathi rushed to the spot and inflicted a blow with it on the head of the deceased causing bleeding injury. Sometime thereafter, accused Santosh nath, Surya Nath and Gula Nath assaulted the deceased near their house with axe, knife and Lathi respectively causing severe injuries. Hearing hullah, raised by the deceased, when his wife Maithil