JUDGMENT

L. MOHAPATRA, J.

This appeal is directed against the judgment and order dated 28.7.2005 passed by the learned Additional Sessions Judge (F.T.C.), Baripada, Mayurbhanj in S.T. Case No. 13/26 of 2004 convicting the appellant for commission of offence under Section 302 of the Indian Penal Code (in short 'IPC') on allegation of committing murder of one Nitima Ho and sentencing him to undergo imprisonment for life. He has also been convicted for commission of offence under Sections 323 and 324 of IPC and has been sentenced to imprisonment for one year for offence under Section 324 of IPC but no separate sentence has been imposed for conviction under Section 323 of IPC. All the sentences have been directed to run concurrently.

2. Case of the prosecution is that on 21.9.2003, the informant (P.W.1), who is also the husband of the deceased, had gone along with his son Abhiram to Tato Hat leaving the deceased, daughter Binapani and Jema, (P.WA) and son Mansingh (P.W.12) in the house. In the evening when he returned from the Hat he was informed by P.W.4 that the appellant assaulted the deceased in his house by means of an axe causing her death. When his son (P.W.12) intervened the appe