Judgment

CHINNAPPA REDDY, J. :- The appellant was tried and acquitted by the learned Sessions Judge, Koraput, of a charge under Section 302. Indian Penal Code. On appeal by the State of Orissa, the High Court set aside the order of acquittal, convicted the appellant under Section 302, Indian Penal Code and sentenced him to imprisonment for life. The case of the prosecution was that when the deceased was sleeping in his hut in the night of 12-13 November, 1969, the accused struck him with a big stone on the head and killed him. The occurrence was said to have been witnessed by the ten year old son of the deceased, who immediately went to the house of his fathers cousin and told him about the occurrence. Next day there was a Panchayat in the village and on being questioned by the elders, the accused admitted that he had killed the deceased by throwing a stone on his head. Thereafter a report was made to the police and investigation started. The accused who was arrested on 15th was produced before the learned 1st Class Magistrate, Malkangiri Sub Division, Koraput District for recording a confessional statement. The accused was given time for reflection and his confessional statement wa