BEHERA, J.

( 1 ) THE appellant assails the order convicting him under Section 302 of the Indian Penal Code (for short, the Code) for having committed the murder of Gunadhar Gochhayat (hereinafter described as the deceased) by intentionally and knowingly causing his death during the night of the 2nd/3rd January, 1979, in a cabin near the Taladanda Canal Bridge at Chhatra Bazar in the city ot Cuttack and sentencing him to undergo imprisonment for life and also the order of conviction under Section 307 of the Code recorded against him for attempting to commit the murder of Tarapada Jena (P. W. 13) during the same night with a sentence to undergo rigorous imprisonment for a period of ten years, concurrently with the sentence passed against him under Section 302 of the Code. The appellant has been acquitted of the charge under Section 380 of the Code for committing theft of about Rs. 1,200/. which was in the possession of the deceased during the same occurrence.

( 2 ) THE case of the prosecution was that the appellant, after having made preparation for committing the murder of the deceased by purchasing the knife (M. O. I) from Bajrang Prasad Choudhury (P. W. 14), a dealer in statione