JUDGMENT

S. K. Mishra, J. - The appellants assail their conviction under Section 302, 449 and 342 read with Section 34 of the Indian Penal Code, 1860 (hereinafter referred to as 'the Penal Code' for brevity) recorded by the learned Adhoc Additional District and Sessions Judge, Sundargarh in Sessions Trial No.55/15 of 2000 wherein they have been sentenced to undergo imprisonment for life under Section 302/34 of the Penal Code and also to undergo imprisonment for life under Section 449/34 of the Penal Code. But, no separate sentence was passed for their conviction under Section 342/34 of the Penal Code. It was further directed vide the aforesaid impugned judgment that the above said two sentences were to run concurrently.

2. The case of the prosecution in short is that on 17.03.1999 at about 8.00 A.M. at village Thutipipal (Kendudihi) while informant Rahasbihari Naik and his son deceased Bholeswar Naik were in their house, five accused persons, namely, Khaleswar Majhi, Paleswar Majhi, Kailash Majhi, Sachindra Majhi and Munu Majhi barged into it and forcibly dragged Bhuleswar out of the house. They took him to a place in front of the house of the accused Dasarath Majhi, tied his hands a