Mongia, C. J. :- The appellant Shri Purna Bahadur Bhujel was tried under Section 302, I.P.C. for allegedly committing murder by causing the death of one Kuchi Subba on 27-1-1995 by hitting him on his head by an axe. After trial he was convicted under S. 302, I. P. C. and sentenced to undergo imprisonment for life by the judgment of the trial Court dated 27-9-1996. This appeal was filed through Jail and Shri R. Goswami, Advocate was appointed as Amicus Curiae. Even during the trial, the accused was provided legal aid by appointing an advocate at the expense of the State Government to defend him.

2. In this case there is no eye-witness. The conviction has been based on the following circumstances : (1) Extra judicial confession made by the accused of having committed the offence before PW 3 (Shri Naresh Kumar Bhojel), PW 4 (Shri Dilip Bhojel) and PW 5 (Shri Tali Lalin). (2) When the charge was framed against the accused under S. 302, I. P. C. and read over and explained to the accused, he pleaded guilty to the charge. However, despite the plea of guilt, the trial Court in its discretion put the accused to trial under S. 229, Cr. P. C. and (3) The admission of the guilt by the