K. L. ISSRANI, J.

( 1 ) PRESENT appeal has been filed by the appellant against the order dated 5. 10. 1991 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No. 25 of 1991 convicting him under section 302 I. P. C. and sentencing him to undergo rigorous imprisonment for life.

( 2 ) THE prosecution case, in short, is that the accused-appellant, a resident of Kisirguda came to the house of Pangi Shyama on the date of occurrence, i. e. 24. 12. 1990, at about 9 A. M. and asked Pangi Domuni (P. W. 1), the wife of Pangi Shyama to provide him food. Pangi Domuni gave him raggi gruel and on his request permitted him to sleep in her house. Thereafter Pangi Domuni went to the field for harvesting Alasi crops. She returned home at about 5 P. M. and found the accused still sleeping in her house. After some time, Dirsaraila who was also known as Kissing Balla (the deceased) came to the house of Pangi Domuni to take her husband (accused) to the housy at village Misinguda. Thereafter Pangi Jaya (P. W. 2) and pangi Jaganath (P. W. 3) and their father Pangi Shyama returned home. Pangi Shyama went out to attend meeting in the village. At about 7 P. M. the accused-appellant, h