JUDGMENT :

P.K. Tripathy, J. - Heard the parties and the judgment is as follows.

2. Appellants were accused persons in Sessions Case No. 13/7 of 1988 of the Court of Additional Sessions Judge, Bolangir. They were charged for the offences u/s 148 and 307 read with Section 149, I.P.C. on the allegations that on 03.06.1987 they constituted an unlawful assembly to commit riot and were armed with deadly weapons like lathis, tangis and iron rods and that in furtherance of the common object of that unlawful assembly, they assaulted Sudhansu Naik (P.W. 4), Aditya Kumar Singh Nina alias Aditya Singh Babu (P.W. 13), Karunakar Behera (P.W. 2), Raj Kishore Dalai (P.W. 10), Achuta Bhanj (P.W. 1) and Biranchi Behera (P.W. 8) with a view to attempt their murder.

3. In further detail, prosecution case is that on 03.06.1987, Sitala Sasti festival was being observed in village Jarasingha. The aforesaid injured witnesses had gone to that village to witness the festival. On the ground that the aforesaid injured witnesses misbehaved the ladies of village Jarasingha, the accused persons forming an unlawful assembly, attempted to commit murder of the injured witnesses.

As noted in the impugned judgment, defe