JUDGMENT

SUJIT BARMAN ROY, C.J. — This appeal is directed against the judgment dated 20.1.1992 passed by the First Additional Sessions Judge, Cuttack convicting the appellant under Section 302, I.P.C. and accordingly sentencing him thereunder to undergo imprisonment for life.

2. Prosecution case, in brief, is that Dr. K. C. Mohapatra (P.W.12) being the Medical Officer attached to the S.C.B. Medical College Hospital, Cuttack sent a written intimation to the offi¬cer-in-charge of Mangalabag Police Station stating, inter alia, that a dead body with spear injury on the chest was received in the Casualty of the said hospital and accordingly P.W.12 request¬ed the Officer-in-charge of the said Police Station to take necessary action. On the basis of the said written intimation, a case under Section 302, I.P.C. was registered at the said Police Station against unknown accused persons. After usual investiga¬tion, Police submitted charge sheet against the appellant only under Section 302, I.P.C. In due course of time the case was committed to the Court of the Sessions Judge, Cuttack. On trans¬fer, the case was ultimately tried before the learned First Additional Sessions Judge, Cuttack. On