B. K. BEHERA, J.

( 1 ) ACCEPTING the case presented by the prosecution that on Jan. 20, 1980, after night fall, the appellant committed the murder of Rajanikanta Deo (to be described hereinafter as the deceased), threw the dead body of the deceased inside the forest with the intention of screening himself from the legal, punishment by causing evidence to disappear and committed theft of Rs. 1411/- by taking it out of the possession of the deceased, the learned Sessions Judge has convicted the appellant under Ss. 302, 201 and 379 of the I. P. C. (for short, the 'code') and sentenced him to undergo imprisonment for life under S. 302 of the Code, without any sentence having been imposed on him in respect of the other two offences.

( 2 ) IT is not disputed at the Bar that the deceased died a homicidal death in the forest on the way leading to village Tekalamela. While the learned counsel for the appellant has contended that none of the charges has been brought home to the appellant. Mr. P. K. Mohanty, the learned Additional Standing Counsel, has supported the order of conviction in respect of the three offences.

( 3 ) TO bring home the charges, the prosecution had examined nine witn