BEHERA, J.

( 1 ) THE appellant stands convicted under section 302 of the Indian Penal Code (for short, the Code) and sentenced to undergo imprisonment for life for having committed the murder of his brother Uttam Khadia (hereinafter to be referred to as the deceased) by shooting an arrow (M 0. I) on his chest on May 31, 1981, at village Loharen Bereni in the district of Sundagarh, after a sudden quarrel over the repayment of a loan of Rs 20/- said to have been incurred by the deceased, when both the appellant and the deceased were in a drunken state. The order of conviction has been based on the evidence of the son of the deceased, namely, Birju Khadia (P. W. 3.), who had figured as a witness to the occurrence besides his mother Parbati Khadia (P. W. 2) whose evidence has been discarded by the trial court for the reasons recorded in the judgment. The judicial confession made by the appellant has not been relied on as according to the learned trial Judge, section 164 (3) of the Code of Criminal Procedure had not been complied with. The extra-judicial confession said to have been made by the appellant admitting to have killed the deceased has not been relied on having been made befo