B. PANIGRAHI, J.

( 1 ) THIS appeal is directed against the order of conviction and sentence passed under Section 302, IPC by the learned 2nd Addi. Sessions Judge, Pun in Sessions Trial No. 31/165 of 1989 directing the appellant to undergo imprisonment for life.

( 2 ) THE short story of the prosecution as unfolded in course of trial is as follows P. W. 8, Hatakishore Lenka of village Kathuaredi lodged a report at Brahmagiri Police Station by stating that on 4/8/1988 around 6. 00 P. M. while he was returning from his paddy field situated near Luniary jungle he noticed that some crows were chirping inside the jungle. Out of curiosity he alongwith one Rabi Baral of village Hatia went to the jungle and found an old Khurda napkin (M. O. VII) lying at the entrance of the jungle. They also marked streak of blood in the nearby area. After they advanced a little distance, they found a young man aged about 25 years lying dead beneath a mango tree with pool of blood. Such incident, however, aroused their suspicion that some miscreants must have committed an offence of murder. They returned to their village and disclosed the fact to the other villagers. They further brought to the notice of a