JUDGMENT

Patra, J. :- The appellant Badhu Majhi was tried along with three others on charges under Section 302/34, 201/34 and 379/34, Indian Penal Code by the Sessions Judge, Baripada. The three others were acquitted of all the charges and the appellant alone was found guilty under Sections 302/34 and 201/34, Indian Penal Code and was sentenced to undergo rigorous imprisonment for life for his conviction under the former charge and to suffer rigorous imprisonment for three years and to pay a fine of Rs. 100/-, and in default of payment of the fine to undergo rigorous imprisonment for one month more for his conviction under the latter charge. The sentences were directed to run concurrently.

2. The prosecution case in brief is this : The deceased Barsa Majhi had taken lease of a tank in village Tulasibani for purchase of fishery. His partners in the said business were all the villagers excepting Hari Majhi and his son Ratna (Accused No. 1), Pirthi Majhi (Accused No. 3) and Buka Majhi (Accused No. 4). These four persons therefore bore a grudge against Barsa Majhi and there were frequent quarrels between them on that account. Barsa also used to sell fishery to the residents of neighbou