P. K. TRIPATHY, J.

( 1 ) THE accused in Sessions Case No. 90/5 of 1991 has challenged the order of conviction under Section 302, I. P. C. and sentence of life imprisonment vide judgment dated 18-11-1991 passed by the learned Addl. Sessions Judge, Bolangir.

( 2 ) PROSECUTION case, as reveals from the lower Court record, is that in the morning hours on 25-7-90 Saibasuta Chhuria, a boy aged about 12 to 13 years (hereinafter referred to as 'the deceased') had gone to the field to tend to the goats. There he was killed by the appellant who dealt axe blow to the neck of the deceased. Though the occurrence was not witnessed by anybody but soon after the occurrence the brother of the deceased Chakaman Chhuria (P. W. 7) reached there to hand over food to the deceased. When he called aloud his brother the accused from the spot of the occurrence on the field responded by saying that the deceased was no more alive as he (the appellant) killed him (the deceased ). P. W. 7 went nearer and found the deceased was lying dead with cut and bleeding injury on his neck and the accused was moving round the dead body holding the axe (M. O. I.) and threatened P. W. 7 to kill if he would go further neare