JUDGMENT

Chittaranjan Dash, J. - This appeal is directed against the judgment and order dated 18th November, 2003 passed by the learned Additional Sessions Judge (FT), Bargarh in S.T. Case No.100/8 of 2001 wherein the Appellants, namely, Sarathi Mohapatra, Rajendra Mohapatra and Rajkumar @ Raju have been found guilty in the offence U/s.302 read with Section 34 IPC and sentenced to undergo imprisonment for life. Further the Appellant Sarathi Mohapatra has been found guilty of the offence U/s.324 IPC and has been additionally sentenced to RI for two years with a further direction that the sentences will run concurrently.

2. The background facts are that on 19th August, 2000 the wife of deceased Thakur Mohapatra, namely, Kamini Mohapatra asked Sita Mohapatra, wife of Appellant Sarathi Mohapatra to pay Rs.42/- towards the credit Sita had taken from Kamini's shop. On the denial by Sita, there ensued a quarrel between Kamini and Sita. Appellant Sarathi Mohapatra having appeared at the spot abused the family members of Thakur Mohapatra and Anand Mohapatra using obscene language. Anand Mohapatra, the deceased, interfered and asked them to maintain silence and disperse whereas Appellant, Raje