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 and the appellant pushed the sword into the abdomen of the deceased. When the appellant attempted a second blow, the deceased caught hold of the sword. On protest being raised by the informant, the appellant fled away towards Dhenkanal with the sword in his hand. As a result of the injuries inflicted on the deceased, there was profuse bleeding, not only from the abdomen but also from the right hand fingers. He was removed to the Dhenkanal District Headquarters Hospital on a rickshaw after being given first aid. However, he succumbed to the injuries in the hospital. It is the prosecution case that the occurrence was the outcome of a land dispute between the deceased and the appellant. F.I.R. was lodged by P. W. 6 before the O.I.C., Sadar Police-station, Dhenkanal, in the hospital, which was sent to the police-station for registration of a case. The I.O. examined witnesses, made inquest over the dead body, sent the same for post mortem examination and seized some incrim¬inating materials including the weapon of offence. In course of investigation it was revealed that the other accused persons (since acquitted), who are the relations of the appellant, had instigated the appellant and abetted the commission of murder. On completion of investigation chargesheet was placed against all the accused persons.

4. The defence plea was one of complete denial.

5. In order to prove the case, prosecution had examined as many as eleven witnesses, of whom P.Ws.3 and 6 had claimed to be the eye-witnesses to the occurrence. P.W.4 a post-occurrence witness, P.Ws.1, 5 and 9, seizure witnesses, P.W. 7, the blacksmith who had prepared a sword at the behest of the appellant, P.Ws.8 and 10, inquest witnesses, P.W.2 the doctor who conducted post mortem examination over the dead body, and P.W.11 the Inves¬tigation Officer.

6. Before discussing the merits of the appeal, it has to be first discussed as to whether the deceased Ananda met a homi¬cidal death or not. In this connection, the evidence of P.W.2, the doctor who conducted post mortem examination over the dead body, is quite relevant. From his evidence it is transpired that he found four injuries including a stab wound on the abdomen of the deceased. The intestine had protruded and there were two nicks with contusion on the protruding portion. On dissection, he found that the abdominal cavity was filled with liquid blood, visceral organs like stomach, spleen, kidney, bladder and large intestine were in tact and pale. About 2' away from the deodenum, the small intestine was cut exposing the leumen on one of its surface. There was a cut in the maefecentry close to its line of fixation. The superior mefecentry vessel and its intestinal ramie were severed leading to profuse intra abdominal haemorrhage. In addition, he had an inc