P. K. MOHANTY, J.

( 1 ) THIS is an appeal by the convict in a case under section 302 IPC sentencing him to undergo life imprisonment.

( 2 ) PROSECUTION case, bereft of unnecessary details is that on 16-11-1989 at about 8 P. M. while Damodar Patel, P. W. 1 had gone to attend the call of nature near river Hati, he found one dead body lying on the sandy bed of the river. The dead body was without any wearing apparel except one chadi. Pant and Shirt were lying at a distance from the dead body. One motor cycle bearing Regn. No. (sic) 2488 was kept by the side of the pillar of the bridge. Damodar Patel, P. W. 1 came to village Katpadi and told the incident to Madhu Naik, Ward Member of the village. P. W. 1 along with Madhu Naik, came to the police station at Jaipatna and orally reported the incident in the Police Station. P. W. 21, the Investigating Officer on the report registered M. D. Case No. 9 of 1989 in absence of the Officer-In-Charge of the Police Station. The Investigating Officer while conducting the enquiry found bleading injury on the right side of the neck of the deceased lying in the river bed of Hati river. The Investigating Officer suspected it to be a homicidal death.