Judgment

OZA

( 1 ) THIS appeal has been filed after obtaining leave from this Court by the appellant against his conviction under Section 302 and sentence of imprisonment for life awarded by Sessions Judge, Mayurbhanj, Kenjhar, Baripada by his order dated 8/12/1973 and maintained by High Court of Orissa by its judgment dated 9/03/1976.

( 2 ) THE prosecution case in short was that the deceased Bhatal Majhi had some land dispute with Jitrai Majhi and his brothers. It is alleged that Jitrai Majhi did away with the deceased through the instrumentality of the present appellant. The incident is alleged to be at the night intervening between 13th and 14/12/1968. Bhatal Majhi was found dead in the morning of 14/12/1968 by the road-side near a weekly market known as Joka Hata with his throat cut. Bishnu Majhi the brother-in-law of the deceased P. W. 1 identified the dead body and lodged the information to Bangriposi Police Station the same day Ext. 3. The assailant was reported to be unknown.

( 3 ) P. W. 10, the Second Officer attached to the said Police Station investigated into the case, held an inquest, despatched the dead-body for post-mortem examination seized certain incriminating artic