JUDGMENT

CH. P. K. MISRA, J.— This appeal is directed against the order dated 22.12.1993 passed by the learned Sessions Judge, Dhenkanal, in S.T. Case No. 56 of 1992, whereby the appellant has been convicted under Sections 302, 341, 379 and 506 of the Indian Penal Code (for short, “IPC”) and sentenced to under- go imprison¬ment of life for the offence under Section 302, IPC, six months each under Sections 506 and 379, IPC, and three months under Section 341, IPC, the sentences to run concurrently.

2. The appellant and six others had faced trial before the learned Sessions Judge, Dhenkanal, who on consideration of the evidence on record, convicted the appellant alone and acquitted the other accused persons.

3. The prosecution case, as revealed during trial is that on 19.09.1991 at about 9.00 A.M., informant Damodar Swain (P.W.6) and deceased Ananda were going to Dhenkanal on their respective bicycles. On the way near Barakanya hillock, the appellant who had hidden himself behind Amari bushes, all on a sudden appeared being armed with a sword, obstructed their way and threatened the deceased to eliminate his family. All entreaties for forbearance made by the deceased were in vain an