JUDGMENT

SUJIT BARMAN ROY, C.J. — Both the appeals are being dis¬posed of by this common judgment as these are directed against the same judgment dated 6.10.1994 passed by the Second Additional Sessions Judge, Puri in Session Trial Case No. 41/335 of 1990 convicting the appellant Jambeswar Pal under Section 302 as well as under Section 323 of the Indian Penal Code and sentencing him accordingly to suffer life imprisonment and rigorous imprisonment for six months respectively. The other appellants namely, Prahallad Pal, Narayan Pal, Umakanta Pal and Dhanes(war Pal were also convicted under Section 326/34 and under Section 323/34 of the Indian Penal Code. They were sentenced to suffer rigorous imprisonment for seven years in respect of their conviction under Section 326/34 I.P.C. They were also sentenced to suffer rigorous imprisonment for six months in respect of their conviction under Section 323/34 I.P.C. with a direction that all these sentences would run concurrently.

2. The prosecution story in brief is that on 23.6.1988 at about 5 P.M., P.W. 8, Maheswar Pal lodged a written complaint before the Asst. Inspector of Police, Gop Police Station at Charichhak Primary Health Centre.