LUKU PAIKE Vs. STATE OF ORISSA

JUDGEMENT

(1.) In this appeal the appellants challenge their conviction and sentence under Ss. 302/149 and S. 148 of the Indian Penal Code (for short, 'I.P.C.'). On the first count, each of them has been sentenced to undergo rigorous imprisonment for life. No separate sentence has been awarded for the second count.

(2.) Appellant No. 1 Luku Paike has meanwhile expired. As such, his appeal stands abated.

(3.) The seven appellants were charged under Ss. 148/302/149 of IPC on the allegation that they formed an unlawful assembly and in prosecution of the common object of such assembly, being armed with Lathis and axes caused the death of Kailash Dash. Along with the appellants, two other accused persons were charged under S. 415/302 of I.P.C. on the allegation of abatting the commission of offence of rioting and murder of the said Kailash. They have since been acquitted.