Judgment

P.V.B. Rao, J

[1] These two appeals No. 85 by Pagla Raba and No. 97 by eight persons, namely, (1) Bairagi Cha-ran Das, (2) Achhebar Dubey, (3) Sidheswar Panda, (4) Chintamani Das, (5) Pitambar Das, (6) Khetramohan Das, (7) Fakir Charan Sahu and (8) Gadadhar Das were filed against the same Judgment and were heard together. All these nine accused persons, along with five others acquitted by the learned Sessions Judge, were tried on charges under Sections 147 , 302 , 302 / 149 , 333 , 333 / 149 , 332 , 332 / 149 , 148 / 109 and 302 / 109 of the Indian Penal Code.

[2] All the accused persons were charged under Section 147 , I. P. C. Accused Lakshman (acquitted) stood charged under Section 302 , I. P. C. and all the other accused persons were charged under Section 302 / 149 , I. P. C. Accused Bairagi, Fakir, Chintamani, Pitambar, Tarini, Khetramohan and Achhebar were charged under Section 333 , I. P. C. The rest of the accused persons were charged thereunder read with Section 149 , I. P. C. Accused Sidheswar was charged under Section 332 , I. P. C. and the rest of the accused persons were charged for the same offence read with Section 149 , I. P. O. All the accus