JUDGMENT

D.P. Mohapatra, J.- The accused in Sessions Case No. 32 of 1983 of the court of the Additional Sessions Judge, Koraput has filed this appeal challenging the judgment of the court convicting him under Section 302, Penal Code and sentencing him to undergo rigorous imprisonment for life. The allegation against the appellant was that on the night of 3rd April, 1983 at about 2.00 a.m. he committed the murder of two persons viz. Laxman Chikimia and Sukra Marichpaulia by intentionally causing their death by means of an axe.

2. The prosecution case as disclosed from the First Information Report (Ext. 1/1) lodged by Jagannath Chikimia (P.W. 1) is that about twenty days prior to the occurrence the accused was moving like a vagabond in drunken state. On 2-4-83 at about 3 p.m. he was drunk and after creating some trouble in the house he was going towards Goudaguda. His son Raghunath Chikimia and Nidhi Gouda brought him to the house. The accused was making them to leave him so that he would go away wherever he pleased. The mother of the accused apprehending that he may create trouble requested deceased Laxman to sleep with the accused during night. Laxman and the other deceased Sukra c