P. K. MOHAND, J.

( 1 ) THIS is a prisoners appeal against his conviction under Section 302, Indian Penal Code and the sentence of rigorous imprisonment for life.

( 2 ) THE incident took place on the night of 8. 8-79 at about 10 p. m. at the residential house of the deceased in village Tentulidihi under Koira Police Station in the district of Sundargarh.

( 3 ) TERSELY put and shorn of all unnecessary details, the prosecution case, as disclosed at the trial is as follows: The appellant and the deceased are co. villagers. P. W. 1 Maati Munda is the son-in-law of the deceased. Be was residing in the same village at a short distance from the house of the deceased. It was alleged that on the night of occurrence the deceased Bashadullah Munda was sleeping in a room of his house and his son (P. W. 2) and wife (P. W. 3) were sleeping at a short distance from him in the same room. At about 8 p. m in the night the appellant came there with an axe and dealt blows with it on the deceased as a result of which he died instantaneously at the spot. Hearing a sound P. W. 2 got up and found the appellant dealing axe blows on the head of his father. He went running to the house of P. W. 1 and narra