K. P. MOHAPATRA, J.

( 1 ) THESE two cases arise out of Sessions Trial No. 72 of 1982 of the Court of the Sessions Judge, Cuttack. The appellant in one case was convicted under Section 302 I. P. C. and was sentenced to undergo imprisonment for life. The other accused persons in the said case who were tried along with the appellant for offences under Sections 302, 323 and 324 read with Section 34 I. P. C. were found not guilty and were acquitted. The State has preferred the other appeal against the order of acquittal of only one of the accused.

( 2 ) THE prosecution case in brief is that P. Ws. 1 to 7 and the accused persons are agnates. Their houses and Baris in the village are at one place. Deceased Purna was the natural born son of P. W. 7 and his wife (P. W. 6) and was the adopted son of P. W. 1, the informant and his wife (P. W. 3 ). P. Ws. 2 and 4 are the brothers of the deceased and P. W. 5 is his widow. These persons, whom we shall refer to as the 'prosecution party' whenever necessary, had long standing land disputes with accused persons and there was no love lost between them. It was alleged that the accused persons cut down a plantain tree from the land of P. W. 1, annex