JUDGMENT : A.S. Naidu, J. - This appeal by the accused-Appellants is directed against the judgment dated 23.12.1996 passed by the Addl. Sessions Judge, Sambalpur, in S.T. No. 155/49 of 1994, holding the accused-Appellants 1, 2, 4 and 5 guilty of offence u/s 302/34 Indian Penal Code and the accused-Appellant No. 3 guilty u/s 323 Indian Penal Code and convicting them thereunder. Since the Appellant No. 2 Kalpa Mirdha died during pendency of the appeal, the present appeal is confined to the accused-Appellants 1,3, 4 and 5. 2. The case of the prosecution, in brief, is that, on 25.12.1993 at about 3 P.M., the informant Kunjalata Pradhan wife of Naren Pradhan of village Bandhapada under Jujumura Police Station orally reported before the ASI of Police, Jujumura P.S. that two years back accused Jagdish and one Madhab and Niskar had set fire to their house due to some enemical term but subsequently the dispute was settled in the village with the intervention of the villagers. On 24.12.1993, staff of the Forest Department recovered some wooden planks from the house of accused Jagdish and Madhab for which they suspected that the said seizure was made on the information furnished by her husband Naren and the deceased Paleswar, for which they bore grudge on them. On 25.12.1993 at about 8 A.M., while the informant, Sulochana, Bhanumati, Naren, Paleswar and Raimohan were in their house, accused persons namely Kalpa, Madhab, Jagdish, Biranchi, Gourisankar, Dullava, Barun, Achuta, Giridhari, Bachha, Sabita, Sumitra, Usha, Sobha and Kailesini being armed with tangia, lathis and stones arrived at their house and pelted stones to their houses and when Naren and his brother Paleswar came out of the house to ask them not to do it, the accused persons started assaulting Naren and Paleswa, as a result of which they began running towards Hapajiberna and the accused persons chased them and while chasing they assaulted Naren and Paleswar by means of tangi, lathi and stones. The informant, Kunjalata further alleged that out of fear she, Sulochana and Raimohan came out of their houses through their back side door and proceeded to village Bhandarimal and while proceeding, they saw Kalpa giving blows by means of tangia on the head of Paleswar and Ors. assaulting him by means of lathies and stones. The informant, Kunjalata further alleged that out of fear she, Sulochana and Raimohan came out of their houses through their back side door and proceeded to village Bhandarimal and while proceeding, they saw Kalpa giving blows by means of tangia on the head of Paleswar and Ors. assaulting him by means of lathies and stones. She further alleged that when they arrived at village Bhandarimal, Naren arrived their with bleeding injuries on his head and hands and from him they heard that Kalpa by means of tangia assaulted Paleswar and Ors. assaulted Paleswar by means of lathies and, stones, as a result of which paleswar is lying dead at Hapajiberna under a Mahul tree. The informant further alleged that one Brudaban Badhei of Bhandarimal, Purusottam Mahananda, Ward Member and one Balaram Kuanar and Ors. knew about it. She further alleged that they sent injured Naren with their nephew Ditya Mirdha to hospital for treatment and came to the spot and saw Paleswar lying dead with fracture of both the hands and bleeding injuries on head. 3. The oral report of the informant was reduced into writing by the ASI, Jujumura P.S. and registered as an FIR and investigation was taken up. In course of investigation, the ASI, Jujumura P.S. held inquest over the dead body of Paleswar in the presence of witnesses, examined some witnesses, prepared rough spot map and arrested accused Kalpa, Bira @ Biranchi, Dullava, Gourisankar and Achuta. During interrogation, while in police custody, accused Kapla made disclosure statement and led the police and witnesses to his house where a blood-stained axe was recovered and seized in the presence of witnesses. The dead body was sent for post mortem examination and the seized axe was also sent to the Professor, F.M.T., VSS Medical College, Burla, for examination. During search of the house of accused Jagdish, Achuta, Bira, in present of witnesses, three bamboo lathies from the house of Jagdish, one bamboo lathi from the house of Achuta and two bamboo lathies from the house of Bira @ Birranchi were seized and some broken tiles, broken bricks and stones were seized from the Courtyard of the deceased and the blood-stained dhoti which accused Kalpa was wearing at the time of occurrence was also seized in presence of the witnesses. Two lathies were seized at village Bhandarimal on production by the villagers who had removed them from accused Gourisankar and Dullava, while they were escaping after the occurrence. The police also seized sample earth from the spot, sent the accused persons for collection of nail clippings and issued requisition for medical examination of injured Naren Mirdha, the brother of the deceased and forwarded the accused persons to Court. The police seized the wearing apparels of the deceased and after post mortem examination, arrested accused Usha and forwarded her to Court. The investigation was subsequently taken over by Circle Inspector of Police, who arrested accused Sashi, Bachha, Giridhari and forwarded them to Court, sent the seized articles to the R.F.S.L., Ainthapali, Sambalpur for chemical examination and after completion of investigation, submitted charge sheet against 17 accused persons to face trial for commission of offence under Sections 147, 148, 307/149 and 302/149 Indian Penal Code. 4. The plea of the accused persons was that on the date of occurrence in the morning, when accused Sumitra was sweeping in front of their house, deceased Paleswar who had no issue from his wife, forcibly dragged Sumitra in order to keep her as his wife, as a result of which, Sumitra shouted and hearing the shout, the accused Barun tried to rescue Sumitra, when Naren dealt tangia blow to him and caused injuries. Thereafter, in order to rescue Sumitra, Nirakar, Sanatan and accused Kalpa chased Paleswar and rescued Sumitra from his clutch and thereafter there was some assault and counter assault, in which accused Barun got injured and was taken to hospital one by Bhagirathi and accused Giridhari and accused Jagdish reported the incident in the Gourapali Out Post, pursuant to which police from Jujumura P.S. came to the spot. Accordingly the accused persons have pleaded that they have been falsely implicated in the case. 5. The prosecution in order to establish its case, examined 17 witnesses, out of which P.W.6 who is the informant, Kunjalata (P.W.8) is the wife of injured Narayan, who is the brother of the deceased Paleswar, P.W.13 is Sulochana, the wife of the deceased. P. Ws.2 and 5 are the officials of the Forest Department, P.W.4 is the Professor, FMT, VSS Medical College, Burla, who conducted the post mortem examination on the dead body of Paleswar and examined the axe, which is the weapon of offence and submitted his report. P. Ws.2 and 5 are the officials of the Forest Department, P.W.4 is the Professor, FMT, VSS Medical College, Burla, who conducted the post mortem examination on the dead body of Paleswar and examined the axe, which is the weapon of offence and submitted his report. P.W.7 is the doctor who had examined injured Narayan and submitted injury report and X-ray report and P.W.17 is the doctor of Jujumura PHC who had collected the nail clippings of accused persons and submitted his report. P. Ws. 11 and 12 are the witnesses to seizure of the weapon of offence and blood stained clothes, P. Ws. 8 and 10 are the independent witnesses of the locality, P.W.18 is the Amin who had prepared the spot map, P.W.15 is the ASI of Police of Jujumura P.S., who had reduced the oral information of the informant into writing and conducted inquest over the dead body and investigated into the case. P.W.16 is the C.I. of Police, who subsequently investigated the case and submitted charge sheet. P. Ws. 3 and 14 are Police Constables who carried the dead body for post mortem examination. P.W. 1 is an independent witness of the locality, who was a witness to the inquest report. 6. The defence examined two witnesses. D.W.1 is the Pharmacist attached to Padiabahal Dispensary and D.W.2 is the doctor attached to Padiabahal Dispensary, who had produced entries in the out door patient register, maintained in the dispensary and the injury certificate issued to accused Barun Mirdha. 7. The doctor (P.W.4), who conducted post mortem examination on the dead body of Paleswar, found 22 external injuries on the head and other parts of the body and four internal injuries over the head and chest. He opined that the injuries were ante mortem in nature and injury Nos. 1 to 4 were caused by sharp cutting weapon and were sufficient to cause death. According to him, the other injuries found on the dead body of Paleswar were possible by hard and blunt weapon like lathi. He further opined that the injury Nos. 1 to 4 are possible by the axe, which had been sent to him for examination by the police. 8. According to him, the other injuries found on the dead body of Paleswar were possible by hard and blunt weapon like lathi. He further opined that the injury Nos. 1 to 4 are possible by the axe, which had been sent to him for examination by the police. 8. In his cross examination, P.W.4 stated that all the cut injuries are by one weapon and the other injuries which are not cut injuries were possible by the blunt side of the axe or by the handle of the axe. According to him, all the injuries on the body of deceased Paleswar can be caused by one axe, if its sharp edge, blunt side and handle are used. 9. The doctor (P.W.4) of District Headquarters Hospital, Sambalpur, who had examined Narayan Mirdha, on police requisition found bruise, lacerated and abrasion injuries, which were simple in nature, which may have been caused by blunt object. P.W.7 opined that none of the injuries of Narayan Mirdha can be caused by sharp side of the axe. 10. P.W.1 in his evidence stated that on getting information at about 9 A.M., about the death of Paleswar, he came to the spot and saw the dead body of the Pales war laying under a Mahul tree with multiple injuries on head and waist etc. He came to Padiabahal and made telephone call to Jujumura P.S. intimating the police about the incident. According to him, the police arrived after sometime and took him in the jeep to the spot, examined the dead body and prepared the inquest, on which he put his signature. In his cross examination, P.W.1 stated that he had simply sent a message over phone, that a murder has been committed in his village. He also stated that on that day morning, Gourisankar and Dullava had come to him and informed him that Pales war (deceased) inflicted a cut blow on the hand of accused Barun and fled away and that he instructed them to take injured Barun to hospital. He also stated that he did not know if on the date of occurrence, the deceased Pales war was forcibly taking away Sumitra (accused), the grand daughter of accused Kalpa. 11. According to P. Ws. 9 and 10, on the alleged date of occurrence, they heard that Pales war had died being assaulted but they did not know who had assaulted him. 11. According to P. Ws. 9 and 10, on the alleged date of occurrence, they heard that Pales war had died being assaulted but they did not know who had assaulted him. According to them, six months prior to the occurrence, the house of Pales war and the house of their neighbour was burnt in fire and there was a village meeting and in that meeting deceased Pales war alleged that accused persons had set fire to his house. The accused persons alleged that Pales war had himself set fire to his house in order to implicate them falsely. 12. P.W.11 in his evidence stated that on 25.12.1993, Pales war was killed on Hapajiberna land and that police came to the spot and conducted inquest in his presence and he signed on the inquest report. According to him, police came to the house of accused Kalpa and seized a tangia, on being produced by Kalpa from his house and a seizure list (Ext. 10) was prepared, on which he signed. According to P.W.11, the police seized a lathi from the outer verandah of accused Madha as per Ext 11, on which he signed. He also stated that one lathi from the house of accused Jagdish, which was on his outer verandah and one lathi from the house of accused Achuta and one lathi from the house of accused Biranchi were seized, as per Exts.12 to 14, on which he had signed. According to P.W.11, accused Gouri and Dullava had reported to him that Pales war and Narayan had assaulted Barun and Pales war had fled away. P.W.11 further stated that the wife of the Pales war came to call them stating them that her husband has been killed. The villagers came to Bhandarimal and saw the dead body of Pales war lying in Hapajiberna and police have seized some stones and broken bricks from the house of Narayan as per Ext 15, on which he had signed. According to P.W.11 police also seized many other articles in his presence which he does not remember. 13. According to P.W.12 on 25.12.1993 at about 7 to 8 A.M., he heard that Pales war had been murdered and he came to the spot and he saw the dead body of Pales war was lying and there was bleeding from his head and other cut marks on his body. 13. According to P.W.12 on 25.12.1993 at about 7 to 8 A.M., he heard that Pales war had been murdered and he came to the spot and he saw the dead body of Pales war was lying and there was bleeding from his head and other cut marks on his body. According to him Pales war was wearing a shirt and was lying naked and one napkin was covered on his body and that the police came and conducted inquest over the dead body and prepared inquest report, on which he signed. He further stated that the police proceeded to the basti and in his presence and presence of P.W.11, seized one tangia from the house of accused Kalpa and cloth appearing to be stained with blood from the house of accused Kalpa as per Exts. 10 and 16, on which he had signed. He further stated that police also seized a lathi from the verandah of Biranchi and some broken bricks from the house of Pales war as per Exts.14 and 15, on which he signed. 14. P.W.18 is the A.S.I of Police of Jujumura P.S. who in his evidence stated that he first received V.H.F. information from Sadar P.S., Sambalpur about some trouble in village Bandhapara and made station diary dated 25.12.1993 and proceeded to village for enquiry. According to him on his arrival in the village, informant Kunjalata, wife of Narayan Mirdha reported him orally that two years back their house had been burnt by accused Madha, Jagdish and their relations due to enemity with her husband Narayan and Chandra the elder brother of her husband and subsequently the matter was compromised. According to P.W.15, the informant Kunjalata also reported orally on 24.12.1993 some officials of the Forest Department made seizure of some logs and wooden planks from the house of Madha and Jagdish for which Madha and Jagdish suspected her husband Narayan and his brother Chandra to have informed the Forest officials about it. On 25.12.1993 at about 8 A.M. when the informant, her husband deceased Pales war, Sulochana, Bhanumati and nephew Raimohan were present in the house, accused Kalpa, Bira @ Biranchi, Dullava, Achuta, Barun, Jagdish, Giridhari, Madhaba and Ors. being armed with axe, lathi, stone etc. came in front of their house and started pelting stones to their house. On 25.12.1993 at about 8 A.M. when the informant, her husband deceased Pales war, Sulochana, Bhanumati and nephew Raimohan were present in the house, accused Kalpa, Bira @ Biranchi, Dullava, Achuta, Barun, Jagdish, Giridhari, Madhaba and Ors. being armed with axe, lathi, stone etc. came in front of their house and started pelting stones to their house. When her husband Narayan and deceased Pales war came out of the house to protest, the accused persons dragged them and started assaulting and when Narayan and Pales war started running towards Hapajiberna, accused persons chased them and while chasing assaulted them by means of axe, lathi and stone. According to P.W.15, the informant reported to him that out of fear, they came out of their house from the back side and proceeded towards Bhandarimal and at that time they saw accused Kalpa, who was armed with an axe dealt a blow on the head of Pales war at Hapajiberna and Ors. who were armed with lathies and stones assaulted Pales war. According to P.W.15, the informant also reported that when they were at Bhandarimal her husband arrived with bleeding injuries on his head and swelling on his hand and from him, she came to know that accused Kalpa gave axe blows to him as well as to Pales war and other accused persons assaulted them by means of lathies, stones etc. and due to such assault, Pales war died at Hapajiberna under a Mahul tree. P.W.15 further stated that the informant also reported that her injured husband had been sent to hospital for treatment and they came to the spot and saw Pales war lying dead. P.W.15 stated that he reduced the oral information of the informant into writing and he read over the contents to the informant, who admitted them to be correct and put her signature. The written report was sent to Jujumura P.S. for registration of a case and he took up investigation at the spot. 15. P.W.15 stated that he reduced the oral information of the informant into writing and he read over the contents to the informant, who admitted them to be correct and put her signature. The written report was sent to Jujumura P.S. for registration of a case and he took up investigation at the spot. 15. According to P.W.15 he held inquest over the dead body of Pales war in the presence of witnesses and prepared inquest report (Ext.1) and examined some witnesses and arrested accused Kalpa, Bira @ Biranchi, Dullava, Gourisankar, Achuta, interrogated accused Kalpa, who while in police custody confessed in the presence of witnesses Purusottam and Balaram and led them to his house and gave recovery of an axe stained with blood seized, which was seized in presence of witnesses. According to P.W.15 he sent the dead body for post mortem and searched the house of accused Jagdish, Achuta and Biranchi and seized lathies as per Exts. 11 to 14 and some broken articles, broken bricks and stones from the Courtyard of Pales war, one dhoti stained with blood from the house of Kalpa. According to P.W.15 he seized two lathies at village Bhandarimal in presence of witnesses and seized some sample earth and some stones at the spot and sent the accused persons for collection of their nail clippings and issued requisition for medical examination of Narayan Mirdha and forwarded the accused persons to Court and the seized blood stained wearing clothes of the deceased and arrested other accused persons and made over the charge of investigation to the Circle Inspector of Police. 16. The C.I. of Police (P.W.16) stated in his evidence that he arrested some other accused persons and forwarded them to Court, received post mortem report of the deceased and the axe as well as its examination report from the Professor, F.M.T. Deptt, V.S.S. Medical College, Burla, received the spot map prepared by Amin, sent the seized articles to R.F.S.L., Ainthapali, Sambalpur, received injury report of Narayan from the doctor of District Headquarters Hospital, Sambalpur, and after completion of investigation submitted charge sheet against the accused persons. 17. According to the informant Kunjalata (P.W.6), on 24.12.1993, Forest officials had seized some forest goods from the house of Jagdish and Madha. 17. According to the informant Kunjalata (P.W.6), on 24.12.1993, Forest officials had seized some forest goods from the house of Jagdish and Madha. On 25.12.1993 at about 8 A.M. accused Jagdish and Madha came to their house and alleged that on information of deceased Pales war the Forest officials have seized the goods from their house and all the accused persons along with others, pelted stones to their house and when her husband Narayan and deceased Pales war came out, the accused persons dragged the deceased Pales war and assaulted him and when her husband Narayan objected they did not listen and when Narayan and Pales war ran away, the accused persons chased them upto Hapajiberna and assaulted Pales war severely by means of lathi, axe and stones and dealt axe blow on the head of Pales war, causing severe bleeding injuries, as a result of which, he fell down and died. According to the informant (P.W.6), out of fear, she along with family members ran to village Bhandarimal and reported the matter to the villagers and they along with villagers came to the spot and found Pales war lying naked and she covered a shawl on the dead body of the deceased and found bleeding injuries on the head as well as fracture of left hand of her husband Narayan. 18. Narayan (P.W.8) the husband of the informant in his evidence stated that the Vigilance Police seized some wood from the house of Jagdish and Madhaba and on the date of occurrence in the morning the accused persons and Ors. gathered in front of their house and alleged that Pales war had given information to the Vigilance staff on the basis of which they have seized the wood from their house and when Pales war denied, accused Jagdish, Madhaba, Achuta and Giridhari dragged Pales war and assaulted him by means of lathi and when Pales war ran away towards village Bhandarimal, accused Giridhari gave a push from the back side of his waist by means of a lathi, as a result of which Pales war fell down and thereafter Giridhari, Achuta, Kalpa, dealt blows by means of a tangia to Pales war, for which Pales war sustained bleeding injuries on his person. According to P.W.8 he proceeded to Dangarpada to telephone to the police but when he could not contact the police over phone he was taken to Sambalpur hospital for treatment of the injury on his left hand due to assault by Biranchi by means of lathi and after 6 to 7 days of the incident, he returned to the village and heard that his brother Pales war had died. 19. Sulochana (P.W.13) the wife of the deceased Pales war in her evidence stated that one Friday afternoon, the Vigilance staff of the Forest Department seized some wood from the house of Jagdish and Madha for which her husband was suspected who have informed the Vigilance staff. According to her, on the date of occurrence, in the morning while they were in their house, the accused persons and Ors. came to their house and picked up quarrel and accused Jagdish and Achuta dragged them from their house and the other accused persons assaulted him by means of lathies, tangia and stones, as a result of which Pales war received fracture on his hand and injuries on his head. According to P.W.13 accused Kalpa assaulted on the head of Pales war by means of tangia and other accused persons assaulted by lathies and other accused persons assaulted by her husband by pelting stones and broken bricks and the accused persons took away her husband and subsequently her husband was found dead at Hapajiberna. According to P.W.13 accused Achuta assaulted on the forehead of Narayan, the accused Biranchi on the hand of by means of splits of fire wood, as a result of which, Narayan received bleeding injury and was taken to hospital for treatment. 20. On the basis of the evidence of witnesses, Learned Addl. Sessions Judge, Sambalpur, came to find that there was enemity existing between the family of the deceased Pales war and the accused persons, who are related to each other and are adjacent neighbours of deceased Pales war, prior to the alleged date of occurrence. 20. On the basis of the evidence of witnesses, Learned Addl. Sessions Judge, Sambalpur, came to find that there was enemity existing between the family of the deceased Pales war and the accused persons, who are related to each other and are adjacent neighbours of deceased Pales war, prior to the alleged date of occurrence. The evidence of P. Ws.6, 8 and 13 that stones and broken bricks were pelted to their house on 25.12.1993 cannot be disbelieved and that the accused persons have also admitted that on the said date, the deceased had been chased by accused Kalpa and one Nirakar and Sanatan and there was assault and counter assault as the deceased who had no issue through his wife had forcibly dragged accused Sumitra to keep her as his wife. This plea of the accused persons was not believed as Nirakar, Sanatan and accused Sumitra were not examined as defence witnesses. Further the deceased being a married person, it was not believable that Pales war forcibly dragged Sumitra an unmarried girl of the family with when he had enimical terMs. While disbelieving the plea of defence, Learned Addl. Sessions Judge on an analysis of the evidence on record, both oral and documentary, came to hold that the accused Biranchi is the author of the simple injuries on the person of Narayan (P.W.8) and as such was held guilty u/s 323 Indian Penal Code. Learned Addl. Sessions Judge further found that as specific part played by each and every person has not been stated, it is not possible to implicate them all in the case. Keeping in view the nature and extent of injuries on the body of the deceased Pales war and the evidence of the witnesses, Learned Addl. Sessions Judge came to find that due to assault by the accused Kalpa, Jagdish, Giridhari and Achuta, deceased Pales war sustained grievous injuries on vital part of his body, which were fatal in nature. Accordingly the said four accused persons were found to be the authors of the injuries and were responsible for death of Pales war and were accordingly held guilty under Sections 302/34 Indian Penal Code. 21. On the basis of such evidence, Learned Addl. Accordingly the said four accused persons were found to be the authors of the injuries and were responsible for death of Pales war and were accordingly held guilty under Sections 302/34 Indian Penal Code. 21. On the basis of such evidence, Learned Addl. Sessions Judge proceeded to hold the accused persons namely Jagdish, Kalpa, Giridhari and Achuta guilty under Sections 302/34 Indian Penal Code and accused Biranchi guilty u/s 323 Indian Penal Code and convicted them thereunder. All other accused persons were found not guilty of the offences charged and were acquitted. 22. Learned Counsel for the Appellants submits that during pendency of the appeal, the main accused-Appellant No. 2, Kalpa Mirdha, who was found to have dealt fatal blows on the deceased Pales war has died and therefore the present appeal is confined to the remaining accused persons i.e., Appellant Nos. 1, 3 and 5. It is vehemently submitted that the evidence of P. Ws.6, 8 and 13 clearly reveals that the FIR had never been lodged on the alleged date of occurrence, the same had been ante dated and so also the other documents connected with the case which have been relied upon by the prosecution and on the basis of which the order of conviction had been passed. It is further submitted that there being material contradictions and discrepancies in the evidence of P. Ws. 6 and 13, Learned Addl. Sessions Judge erred in relying on the same and passing the order of conviction against the present Appellants. It is forcefully submitted by the Learned Counsel for the Appellants that there being no clear and cogent evidence to establish the specific part played by the accused-Appellants and the evidence of the witnesses in that regard being doubtful, keeping in view the nature and extent of injuries on the body of the deceased, it cannot be said that the present Appellants had dealt fatal blow on the body of the deceased so as to result in his death. Moreover, no specific motive or intention has been attributed to the present Appellants, except omnibus allegation that due to earlier seizure of wood from the house of Jagdish and Madhaba, the alleged incident took place. Accordingly it is submitted that the impugned order of Learned Addl. Sessions Judge holding the Appellants 1,4 and 5 guilty under Sections 302/34 Indian Penal Code cannot be sustained. Accordingly it is submitted that the impugned order of Learned Addl. Sessions Judge holding the Appellants 1,4 and 5 guilty under Sections 302/34 Indian Penal Code cannot be sustained. Similarly, the conviction of Biranchi Appellant No. 3 guilty u/s 323 Indian Penal Code is not proper and justified. It is submitted that the Appellants 1, 4 and 5 are in jail custody since last 11 years. 23. On a perusal of the evidence of the witnesses, we find that there are no materials inconsistencies or contradictions though some minor discrepancies in the statement of witness do exist. However, the specific part played by the Appellants and the exact nature of assault made by them is not established beyond reasonable doubt, though the involvement of the accused-Appellants cannot be disbelieved. Moreover, there is no clear and cogent evidence to establish any strong motive or any intention on the part of the Appellants 1,4 and 5 for committing murder of the deceased Pales war. Accordingly we are of the view that interest of justice would be best served if the conviction of the accused-Appellants 1, 4 and 5, i.e., Jagadish Mirdha, Girdhari Mirdha and Achuta Mirdha under Sections 302/34 Indian Penal Code is modified and converted to one u/s 304 Part II Indian Penal Code. The accused-Appellant Nos. 1, 4 and 5 are accordingly convicted u/s 304 Part II Indian Penal Code and sentenced to imprisonment for the period already undergone by them. So far as the conviction of accused-Appellant No. 3 conviction u/s 323 Indian Penal Code, no interference is warranted. 24. The appeal in respect of Appellant Nos. 1, 4 and 5 are allowed to the extent indicated above. The appeal of Biranchi Mirdha, Appellant No. 3 is dismissed. Appellant Nos. 1, 4, and 5 be set at liberty forthwith if their detention is otherwise not required in respect of any other case. 25. I agree. Final Result : Dismissed