JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against a judgment dated 25th October 2000 passed by the Additional Sessions Judge, Balangir in Sessions Case No.37/12 of 1998 convicting the Appellants for the offence punishable under Section 302 read with 34 IPC and sentencing them to undergo rigorous imprisonment for life.

Additionally, Appellants Kalia Bag and Bidyadhar Bag (A3 and A4 respectively) were convicted for the offences under Sections 323 and 324 IPC respectively. No separate sentence however was passed for those offences.

2. It requires to be noted at the outset that on 26th April 2007, Appellant No.4 was released on bail. By another order dated 1st October 2007, the remaining three Appellants were enlarged on bail.

3. The case of the prosecution is that an FIR was lodged at the Patnagarh Police Station (PS) on 9th November 1997 by Gajin Sunani (P.W.1) that he had expected an untoward incident during harvesting and he had requested Iswar Saltar (P.W.3), Mohan Sunani (P.W.4), Bahadur Sunani (P.W.5), Roopsingh Sunani (P.W.6) and Kunja Sunani (the deceased) to remain present on the land while the harvesting operation was in progress. Likewise, when P.W.1 and his wif