BEHERA, J.

( 1 ) THE three appellants stand convicted under section 302 read with section 34 of the Indian Penal Code (for short, the Codet) for having committed the murder of Pabitra Patel owing to previous land dispute between the parties by intentionally causing his death by, the use of dangerous instruments, such as, Kudalis and lathi, on November 10, 1978, at Kuturma - Tahabeldhipa in the district of Sundargarh, in furtherance of their common intention and have been sentenced to undergo rigorous imprisonment for a period of twelve years.

( 2 ) AS the sentence imposed on each of the appellants is illegal and on his conviction for the offence of murder, an accused is either to be sentenced to death or to undergo imprisonment for life and no lesser punishment can be imposed, this Court, at the stage of hearing the appeal, has issued notices to the appellants to show cause as to why the sentences passed against them should not be enhanced. The learned counsel for both the sides are agreed that in the revisional jurisdiction of this Court, this Court can enhance the sentences although it was open to the State to prefer an appeal under section 377 of the Code of Criminal Procedure