PANIGRAHI, J.

( 1 ) THIS is an appeal directed against a conviction Under Section 302/149, Penal code, by the Additional Sessions Judge, Ganjam Nayagarh. The occurrence in respect of which, the appellant, Khalli Behera, was charged took place on the night of 11-10-1949 at about 7 P. M. on the Grand Trunk Road between berhampur and Golanthra when the deceased, a jutka driver by name Kalia behera, was attacked by a number of persons and done to death, The appellant, along with a number of other persons, was arrested on 12-10-1946, the day after the occurrence. Two days later, he was produced before a magistrate as he was willing to make a confession. On 15-10 1949 his confessional statement was recorded. On 19-11-1916 he was charge-sheeted along with the other accused. On 19-12-1949 he was tendered pardon and he executed a bond agreeing to make a true and full disclosure of all the facts he knew about the occurrence and that he was willing to be exa mined as an approver. He was actually examined as an approver on 17-2-1947 in the Court of the Committing Magistrate. The case was later committed to the Court of session and the approver was again examined as a witness (P. W. 13) in tha