B. K. BEHERA, J.

( 1 ) ARISING out of same judgment and order, these two appeals have been heard together and will be governed by this common judgment.

( 2 ) THE appellants stood charged under section 148 of the Indian Penal Code (The Codet, for short) for being members of an unlawful assembly in prosecution of their common object, viz. , to assault Ramesh Chandra Samantray (to be referred to hereinafter as the deceased), being armed with deadly weapons, such as, pharsas, bhujali, knife, bicycle chains and lathis, which, used as weapons of offences, were likely to cause death and committed rioting on June 14, 1980, at Belpahar in the district of Sambalpur. All of them also stood charged for having committed murder by intentionally or knowingly causing the death of the deceased in furtherance of their common object under section 302 read with section 149 of the Code on the same day.

( 3 ) THE appellants, it was alleged, belonging to a labour union of which the appellant Gyan Patnaik was the leader, which was hostile to the labour union headed by Chiranjilal Agarwala (P. W. 21), had been waiting near Golai Chhak in three batches, being armed with dangerous instruments, in the earl