V. GOPALASWAMY, J.

( 1 ) THIS appeal is preferred against the judgement of the learned Sessions Judge, Boudh-Khendamala, Phulbani convicting the accused-appellant under Section 307, I. P. C. and sentencing him thereunder to imprisonment for life and further convicting him under Section 333, I. P. C. without imposing any separate sentence thereunder.

( 2 ) THE prosecution case, briefly stated, is as follows : during the relevant period Nimai Charan Das (PW. 2) was working as the Revenue Inspector of Balaskumpa Revenue Circle. Accused Laxmidhar Ganda was a resident of village Barikumpa, which comes under the revenue circle, Balakumpa. The accused was in possession of a portion of the Government land of Plot No. 927 as an encroacher and consequently there was an encroachment case pending against the accused in respect of the encroached land before the Tahasildar, Phulbani (P. W. 6 ). In village Barikumpa, besides the accused there were several others who were having no homestead land. On 5-1-1985 the Tahasildar (PW. 6) in his camp at Balaskumpa dealt with the encroachment case record of the accused and other records relating to the allotment of homestead lands to the landless person