JUDGEMENT

Pathak, C. J. :- All these three appeals arise out of a common judgment dated 15-3-80 passed by the learned Additional District and Sessions Judge, Bhawanipatna, in Sessions Case No.21-K/15 of 1979.

Appellants Makaradhwaja Bhoi and Jhaja Bhoi have filed Jail Criminal Appeal No.93 of 1980 and appellant Jogendra Sahu has filed Jail Criminal Appeal No.117 of 1980. All the three appellants have also filed a regular appeal being Criminal Appeal No.102 of 1980 through Mr. D.P. Sahu, Advocate. But before the said appeal was taken up for hearing, Mr. Sahu withdrew his appearance as he was appointed Public Prosecutor for the State. In view of this contingency, we appointed Mr. Krushna Prasad Misra, Advocate, to represent the appellants in all the three appeals at the State expense.

2. All the three appellants stood their trial under S.302/34, I.P.C. and they have been convicted under S.302, I.P.C. and sentenced to undergo R.I. for life.

3. The prosecution case in brief is that on 26th May, 1978 at about 7 P.M. while the deceased Nandeswar Bhoi was coming from the village tank, on the Duli (land) of one Lingaraj Sahu, he was waylaid by all the three appellants who assaulted him with Gu