JUDGMENT

SUJIT BARMAN ROY, C.J. — This appeal at the instance of the applicant Uttam Dharua is directed against the judgment dated 29.4.1994 passed by the Sessions Judge, Sundargarh in Sessions Trial Case No. 224 of 1993 convicting the appellant under Section 302 I.P.C. and sentencing him thereunder to suffer R.I. for life.

2. Prosecution case in brief is that on 10.6.1993 at about 10 A.M. being accompanied by Murali Majhi (P.W.8), P.W.7 Dhanurjaya Majhi came to Kinijirkela Police Station and lodged an oral complaint stating, inter alia, that his younger brother Sibashan¬kar Majhi was staying in the house of his uncle Jaladhar Majhi. About three months prior thereto, his younger brother Sibashankar Majhi told P.W.7 that in his dream, he was directed to perform puja of ‘Lord Siva at Tal’ in the land of Suanjore Gountia. Accordingly, from that day, he was staying there after constructing a small temple and was performing puja of Lod Siva. Some days thereafter, the said Sibashankar Majhi asked Vukumati Majhi, being an old lady to help him in the Puja matter. Accordingly, said Vukumati Majhi and her son Ramdev Majhi stayed there since six days prior to the date of occurrence and were