JUDGMENT

S.K. Panigrahi, J. - The present appeal has been directed against the judgment of conviction and order of sentence dated 05.12.2003 passed by the learned Additional Sessions Judge, Rairangpur in S.T. Case No.13/67 of 2002, whereby the appellant has been convicted for commission of offence punishable under Section 302 of the Indian Penal Code, 1860 and sentenced to undergo imprisonment for life and to pay fine of rupees one thousand or in default to further S.I. for one month.

2. Bereft of unnecessary details, the facts of the matter presented before us remain that on 26.08.2001 at around 8:00 P.M., the accused was taken to the house of the informant- Madhu Majhi (P.W.1) by Sawan Kisku (deceased), his son Baidyanath (P.W.2), his two son-in-laws; Balaram (P.W.6) and Singrai (P.W.4), as the accused was suffering from fever and possibly malaria. P.W.1 requested everyone to return in the morning as he would be treating the accused with herbal medicines only after observing his condition throughout the night. However, the deceased, P.W.2, P.W.4 and P.W.6 decided to stay and wait. The deceased and P.W.1 went to sleep in P.W.1's room, where P.W.1 rested on his cot and the deceased l