JUDGMENT :

S. Muralidhar, J.

1. This appeal is directed against the Judgment dated 8th January 2003 passed by the learned Additional Sessions Judge, Deogarh in S.T. Case No.185/19 of 2001, convicting the Appellant for the offence punishable under Section 302 of IPC and sentencing him to undergo Rigorous Imprisonment (RI) for life.

2. At the outset, it requires to be noticed that by an order dated 31st August 2004, this Court enlarged the Appellant on bail during the pendency of the present appeal.

3. To begin with, it requires to be noted that the present Appellant was sent up for trial along with one Bidyadhar Pradhan, who was charged for the offence under Section 109 IPC read with Section 302 IPC on the ground of abetting the murder.

Case of the prosecution

4. The case of the prosecution is that the informant Dayanidhi Pradhan (PW-1) and both the accused are co-villagers of village Talabahali. A few days prior to the occurrence, one Diptibala Pradhan, the daughter of the co-accused Bidyadhar Pradhan eloped from the village. The family members of Diptibala Pradhan, while searching for her, reached the house of PW-1 and enquired from his daughters Bisakha Pradhan (PW-3) and Bhagabati Pra