JUDGMENT :

G.B. Pattnaik, J. - This is a convict's appeal from jail who has been convicted by the Sessions Judge, Koraput, u/s 302, Indian Penal Code, and has been sentenced to undergo rigorous imprisonment for life for having committed the murder of one Lokanath Bisoi by means of a knife (M. O. I). After stating the facts, findings of Court below and contentions of the counsel, His Lordship observed :

8. Coming now to the eye-witnesses P. Ws. 2 and 3, we find that both of them have stated that the accused and the deceased picked up quarrel and all on a sudden the accused stabbed the deceased on his neck by a knife which was identified to be M. O. I whereafter the deceased fell down after covering a distance of 30 cubits. The evidence of the two eye-witnesses is consistent and corroborates each other and nothing has been elicited from their cross-examination to cast any doubt about their testimony. Mr. Das, the learned counsel for the appellant, however, contends that this evidence must be rejected since it runs counter to the medical evidence. In the cross-examination of the doctor, it has been elicited that the injury No. 1 found on the neck of the dead body cannot be caused by sta