K. P. MOHAPATRA, J.

( 1 ) THIS is a petition under S. 439 (2) of the Code of Criminal Procedure (hereinafter referred to as 'the Code') for cancellation of bail granted to opposite party Nos. 1 and 2 by the learned Additional Sessions Judge, Jajpur. The first petitioner is the widow of the deceased and the second is the informant.

( 2 ) STATED in brief as revealed from the FIR and the charge-sheet the facts of the prosecution case are that deceased Sagar Mahapatra (hereinafter referred to as 'the deceased'), ex-Sarpanch of village Bada Beruan was returning to his village on 11-8-1988 on a Luna-Moped by the Grama Panchayat Road. At about 5. 00 p. m. he was near village Taluri. The opposite party Nos. 1 and 2 armed with lathis waylaid him. One of them dealt a blow on the head, as a result of which, the deceased fell down on the ground. Thereafter, both the opposite parties repeatedly assaulted him by means of the lathis on different parts of his body. Some persons working in the nearby fields saw the assault and raising hue and cry ran towards the place. Seeing them running, one of the said opposite parties sat down near the deceased and by means of a barber's knife cut his throat.