JUDGMENT

VINOD PRASAD, J. - Challenge in this jail criminal appeal by the appellant Tankadhar Bemal, is to the impugned judgment of his conviction dated 31.07.2008, under Section 302 I.P.C. recorded by learned Additional Sessions Judge, Nuapada in Sessions Case No. 06 of 2007 (State-Vrs. – Tankadhar Bemal) arising out of G.R. Case No. 358/2006, T.R. No. 81/2007, relating to Komna P.S. Case No. 124 of 2006. The appellant has been convicted under Section 302, I.P.C. and has been sentenced to life imprisonment with fine of Rs. 1000/- and in default of payment of fine to serve 6 (six) months additional rigorous imprisonment.

2.The short question which has been canvassed before us by Sri S.C. Mekap, learned counsel for the appellant is that there is no reason to disbelieve the prosecution version, so far as involvement of the appellant is concerned, but the learned trial judge committed an error in convicting him under Section 302 I.P.C. whereas, on the evidence trotted out in the trial at the worst it will make out a case under Section 304, Part-I, I.P.C. The submission canvassed requires examination of the merits of the case and hence, we proceed to slate down the facts.

3.In village Ma