Judgment

VENKATARAMIAH, J. :- This appeal is filed against the judgment of the High Court of Orissa convicting the appellant of an offence under Section 302 I. P. C. and imposing the sentence of imprisonment for life after reversing the judgment of acquittal passed by the learned Sessions Judge who tried the case. The prosecution alleged that the appellant had committed the murder of one Tanguru Behere at about 8.00 a. m. on January 31, 1969, by attacking him with an axe. The prosecution principally relied upon two pieces of evidence in support of its case, namely the evidence of two eye witnesses - Bhagabat (P. W. 1) and Rosani (P. W. 2) and the extra judicial confession said to have been made by the appellant before Markanda (P. W. 3) and Jatia (P. W. 5). They also relied upon two other circumstances, namely recovery of an axe (M. O. 1) on the basis of the statement made by the appellant and the bloodstains which were found on the clothes of the appellant. The learned Trial Judge disbelieved the evidence of P. Ws. 1 and 2 and found that it was not possible to record a conviction on the basis of the material relied on by the prosecution. Accordingly he acquitted the appellant. Aggr