Judgment

FAZAL ALI, J. :- This appeal by special leave is directed against the judgment of the Orissa High Court dated 16th March, 1972, upholding the conviction of the appellant under Section 302 I.P.C. and sentence of life imprisonment awarded by the Sessions Judge. A detailed narrative of the prosecution case is to be found in the judgment of the High Court and it is not necessary for us to repeat the same all over again. The appellant is said to have assaulated Ushabati Padhan by means of an axe on 14-8-1967 at 7.00 a.m. following a dispute between the appellant and his party and Ushabati Padhan who laid some claim to the land which was being ploughed by the appellant. The central evidence against the appellant consisted of the following.

(1) Evidence of P.Ws. 1 to 7.

(2) Judicial confession made by the appellant before a Magistrate.

(3) Production of the blood-stained Tangia from the appellants house after taking it from his house.

2. The trial court after considering the evidence refused to rely on the oral evidence led by the prosecution and disbelieved P.Ws. 1-7. The Sessions Judge further found that the confession was voluntary and he based his conviction on the confession alon