JUDGMENT

S.K.Mishra, J. - In this appeal, 13 appellants assail the judgment of conviction and order of sentence passed by the learned Sessions Judge, in S.T.No.16 of 1997 holding them guilty of offences under sections 148, 302, 307/149 of the Indian Penal Code 1860 (hereinafter referred to as 'Penal Code') and sentencing them to undergo imprisonment for life. No separate sentence has been passed for the offence under sections 148, 307/149 of the Indian Penal Code. The sentence has been passed only under section 302/149 of the Indian Penal Code.

The Investigating Officer however had submitted charge sheet for the offence under sections 148, 302, 307/34 of the Indian Penal Code and charges were framed under the aforesaid penal provisions of the Penal Code.

2. Bereft of unnecessary details the prosecution case is that the occurrence took place on 03.05.1996 at about 7 A.M., on the village road of village Kamira in front of the house of one Shyamsundar Dalal. On the preceding day i.e. 02.05.1996 at about 11 A.M. a quarrel ensued between the accused-appellant, Suresh Barik on one hand and deceased Hrudananda Pradhan on the other hand because of the fact that the accused Suresh Barik allege