JUDGMENT :

J.K. Mohanty, J. - The eight Appellants along with two others (since acquitted) were tried in the Court of the Sessions Judge, Sambalpur, for having committed offences under Sections 148, 302/149 and 324/149, Indian Penal Code. The prosecution case, shortly stated, is as follows:

There was land dispute between Chudamani Barik (Appellant No. 1) and Abhi Jal (P.W. 2), Sadhu Jal (P.W. 8). Khedu Lohar (P.W. 10), Pbulbabu Jal (P.W. 11), Batu Jal (P.W. 12) and Shyam Kumar Jal (P.W. 13) and two others. Appellants Narayan Barik, Sbiblal Barik, Jogeswar Barik, Bhubaneswar Barik, Subal Barik and Laxman Barik and accused persons Gadadhar Barik (since acquitted) an d Sauda Barik (since acquitted) are all agents of Appellant Chudamani Bank and Appellant Netranand Barik is his son. It is alleged that in the early morning of 10-6-1976 P.Ws. 7 & 8 and deceased Dusasan Jal were going to plough Khalimal land with bullocks and ploughs. While they were passing through the Dharsa (village road) of village Bukramunda the accused persons being armed' with lathis, badis, tabal, tangi, barchi and arrows suddenly came out of the amari bushes, which were on the either side of the dharsa, and attacke