JUDGMENT

V.S. Sirpurkar, J. —

1.The appellant by this appeal challenges his conviction ordered by the Trial Court and confirmed by the High Court. He was tried for offence under Section 302, Indian Penal Code on the allegation that he had committed the murder of one Haripada Samanta on the night between 12-13th December, 1988 at Village Ghagra, Police Station Mahisadal at Sarberia. Charges were framed under Section 302 read with Section 201, IPC against Niranjan Panja and one Narayani Parua. Eventually, the second accused was acquitted of the offence under Section 302 read with Section 201, Indian Penal Code. However, accused Niranjan Panja alone came to be convicted by the Trial Court under Section 302, Indian Penal Code and his appeal having failed, he is before us.

2.A report came to be filed before the concerned Police Station by one Tapan Kumar Samanta, who was the son of the victim, Haripada Samanta, that his father was killed and his body was lying in the narrow Khal. He reported that he found number of injuries caused by a heavy sharp cutting instrument on various parts of his body including head and neck. It was stated that in the morning of 13.12.1988 at about 7 a.m. he got