JUDGMENT

P. K. TRIPATHY, J. — The six appellants are the convicted accused persons in Sessions Case No. 32 of 1987 of the Court of Sessions Judge, Phulbani. They were charged for the offence under Section 395 I.P.C. and convicted thereunder. Learned Sessions Judge directed each of the appellants to undergo rigorous impris¬onment for three years. The said order of conviction and sentence has been challenged in this appeal.

2. As it reveals from the trial Court’s record and that fact is not disputed by the parties, Late Sebakar Pradhan, de¬ceased husband of the informant/P.W. No.1 Radha Bewa and accused Khedu Pradhan are to agnetic brothers. Accused Basanta Pradhan and Prahalad Pradhan are sons of Khedu. Accused Gobinda Pradhan and Koibartha @ Kaibarta Pradhan are agnetic cousins of said Khedu and accused Upendra Baghar is the field servant of accused Khedu. P.W. No. 2 Dasamati Karmi and P.W. No. 5 Haribandhu Karmi are daughter and son-in-law respectively of P.W. No. 1. P.W. No. 3, Sashi Pradhan is a field servant in their family and the said four witnesses are the witnesses to the occurrence.

3. According to the prosecution, in the night of 7.11.1986 at about 10 P.M. the accused per