JUDGMENT :

Pradip Mohanty, J. - This appeal is directed against the Judgment and Order Dated 08.03.1989 passed by the Addl. Sessions Judge, Bolangir in S.C. No. 52/12 of 1983-1988. By the impugned Judgment, Appellant Gayadhar Shoi has been convicted u/s 323 Indian Penal Code and sentenced to pay a fine of Rs. 250, in default to undergo S.I. for one month; Appellants Radheshyam Bhoi, Duryodhan Sahu, Ganesh Bhoi and Sundar Sahu have been convicted u/s 307 read with Section 149 Indian Penal Code and sentenced to undergo R.I. for six years; and Appellant Suka Charan Sahu has been convicted under Sections 307/323/148 Indian Penal Code and sentenced to undergo R.I. for six years for the offence u/s 307 Indian Penal Code and R.I. for one year for the offence u/s 148 Indian Penal Code and to pay a fine of Rs. 250/- in default S.I. for one month for the offence u/s 323 Indian Penal Code, the sentences to run concurrently. During pendency of the appeal, Appellant No. 1-Gayadhar Bhoi and Appellant No. 4-Sundar Sahu having died, the appeal has been abated against them.

2. The case of the prosecution was that on 03.06.1983 at about 10 P.M. while an Opera show was being performed on the eve of the