(1.) This appeal is directed against an order dtd. 28/10/2003, 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 Ss. 302, 147, 149, 341, 324, 428 of Indian Penal Code (IPC) sentencing each of them to undergo:
(2.) The present appeal has been filed by the two of the six convicted accused persons, i.e., Raj Kishor Behera (Appellant No.1) (A-4) and Ramani Behera (Appellant No.2) (A-5). Case of the prosecution
(3.) The case of the prosecution is that on 1/3/2002, at around 8.15pm at village Ratnapur, District Deogarh, the eight accused persons formed an unlawful assembly and pursuant to their common object of such unlawful assembly, wrongfully restrained the deceased Biranchi Behera and his brother Rabi Behera. They are stated to have assaulted the said two persons and ultimately committed the murder of Biranchi Behera.
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