JUDGMENT :

P.K. Mohanti, J. - The Appellant Basista Jani is one of the three accused persons who were jointly tried for having committed the murder of Dhanasingh Jani of village Raniganj under Hara bhanga P.S. in the district of Phulbani on 28-4-1970 and having caused disappearance of the evidence of murder by cremating the dead body on 29-4-1970. All the three accused persons stood charged under Sections 302 and 201, both read with Section 34, Indian Penal Code. The Appellant was also charged separately for the substantive offence u/s 302, Indian Penal Code. He has been convicted u/s 302, Indian Penal Code and sentenced to undergo imprisonment for life. He has also been convicted u/s 201, Indian Penal Code, but no separate sentence has been awarded for this offence. Accused Bhakta Dehuri and Kashinath Dehuri have been acquitted of all the charges under benefit of doubt. The State has not appealed against the order of acquittal. Therefore, the same has become final.

2. The accusation against the Appellant was that he had ill-feeling with the deceased Dhanasingh Jani regarding enjoyment of the lands of the village deity and prior to the date of occurrence he had threatened him that if