JUDGMENT :

D. Dash, J.

1. The appellants in this appeal have called in question the judgment of conviction and order of sentence dated 25.7.1989 passed by the learned Addl. Sessions Judge, Jeypore in S.C. No. 52/53 of 1989 (S.C. 38 and 39 of 1988).

The appellants have been convicted for commission of offence under section 366/354/34, IPC and each of them have been sentenced to undergo rigorous imprisonment for a period of seven years for offence under section 366/34, IPC and rigorous imprisonment for two years for the offence under section 354/34 with the stipulation that those would run concurrently.

2. The prosecution case in short is that on 10.02.1988 one Mangala Pujari of village Ramanaguda was performing the funeral ceremony of his paternal uncle in his house. He had invited many guests to attend the said function. P.W.1, victim, the accused persons and many others were present in that function. 'Dhemsa' dance being performed nearby, P.W.1, the deceased and the accused persons had taken part therein. Sometime thereafter they having come outside, took rest. It is the further case of the prosecution that accused Arjuna Pujari dragged P.W.1 and accused Gurunath Pujari dragged the d