JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against an order dated 28th October 2003, passed by the learned Additional Sessions Judge, Deogarh in S.T. Case No.227/19 of 2002, convicting the Appellants for the offences punishable under Sections 302, 147, 149, 341, 324, 428 of Indian Penal Code (IPC) sentencing each of them to undergo:

(i) Rigorous Imprisonment (RI) for life under Section 302 read with 149 of IPC,

(ii) RI for one year for the offence punishable under Section 147 of IPC,

(iii) Simple Imprisonment (SI) for 15 days for the offence punishable under Section 341/149 of IPC.

1. In addition, the co-accused Benudhar Behera was held guilty for the offence punishable under Sections 147, 341/149 of IPC and 324/149 of IPC and the co-accused Ekadasia Penthei, Jagannath Behera, Purna Behera and Kalia@ Laxmidhar Behera were found guilty for the offence punishable under Sections 147, 341/149 IPC and 323/149 of IPC and sentenced to undergo one year R.I., S.I. for 15 days/ S.I. for six months. The substantive sentences of order against all the accused were directed to run concurrently.

The accused Budhu Penthei (Accused No.8) A-8 was acquitted of all the offences.

2. The present