P. K. TRIPATHY, J.

( 1 ) APPELLANT is the accused in Criminal Trial (Sessions) Case no. 21/115 of 2003 of the Court of Ad hoc addl. Sessions Judge, Kamakhyanagar. In this appeal he has challenged the order of conviction for the offence under Section 302, i. P. C. and the sentence of imprisonment for life.

( 2 ) FACT involved in this case is that Raj kishore Biswal, the deceased was working as a Mistri (sweet maker) in the Hotel of the accused. The deceased had taken a loan of rs. 5,000/- from the accused to meet the marriage expenditure of his daughter. He was repaying the said loan in instalment from his monthly wage. In that process, an arrear of Rs. 1,500/- was still outstanding. At that juncture, deceased came to his house on leave from the hotel and sent a substitute to work in his place. That substitute is cheru Mahalik (P. W. 6 ). The substitute expressed his incapability to prepare sweets for the shop of the accused. Therefore, on 12-7-2002, the accused came to the house of the deceased together with P. W. 6 at about 1. 00 p. m. According to the allegation of the prosecution, at about 1. 15 p. m. , he carried the deceased as a pillion rider in his motorcycle and at about