Judgment

Rao, J

[1] The 22 appellants along with 12 others were tried by the Additional Sessions Judge, Puri on Charges for committing rioting punishable under Section 147 , I. P. C., and for being constructively liable of culpable homicide not amounting to murder punishable under Section 304 read with Section 149 , I. P. C. in causing the death of Satia Behera and some of them were individually charged for voluntarily, causing hurt to Gatia Behera, Banchha, Behera and Hadu Behera punishable under Section 323 , I. P. C. on 20-10-54.

Two of the accused died before trial and ten persons were acquitted by the learned Sessions Judge and all the appellants were convicted of the offence punishable under Sections 147 and 304/149 , I. P. C. and were sentenced to rigorous imprisonment for two years each under Section 147 , I. P. C. and appellants Benu. Swain, Udayanath Swain and Upendra alias Rupa Swain were sentenced to five years' rigorous imprisonment under Section 304/140 , I. P. C. and the rest of the appellants to rigorous Imprisonment for three years each under the said section. Appellants Kanga Behara, Dhania Be-hera, Balia Behera, Linga Padhan, Upendra alias Rupa Swain, Pun