JUDGMENT :

A.S. Naidu, J. - The two Appellants have preferred in Criminal Appeal against the order of the learned Sessions Judge, Keonjhar in Sessions Trial No. 7 of 1990 convicting them of the charges under Sections 148/302/149 Indian Penal Code sentencing them to undergo rigorous imprisonment for life u/s 302/149 Indian Penal Code and undergo rigorous imprisonment for three years u/s 148 Indian Penal Code, both the sentences being directed to run concurrently.

2. Bereft of unnecessary details, the short facts of the case are that on 31-7-1989 the informant P.W. 1 returned from Cuttack to his village at about 2 p.m. and finding his daughter-in-law suffering from fever, took her to hospital. His son Silu Nag had gone out along with some others. At about 8 p.m. that day while returning from the hospital, P.W. 1 heard some groaning sound from the bushes adjacent to his house. He went near the bush and found his son Silu Nag lying in injured condition. Silu Nag asked for water. On being asked, Silu Nag told PW. 1 that some persons assaulted him without naming them. Thereafter the informant and one Lalu Patra shifted Silu Nag to his house. At the house while preparation was being made to