JUDGMENT

Dr. S. Muralidhar, CJ. - This appeal is directed against a judgment dated 16th April, 2005 passed by the Addl. Sessions Judge, Boudh in S.T. No.9 of 2004 and S.T. No.32 of 2004 (B) D.C. convicting the Appellant for the offence punishable under Section 302 IPC and sentencing him to rigorous imprisonment (RI) for life.

2. By an order dated 28th September, 2015 this Court enlarged the Appellant on bail during pendency of the appeal.

3. The case of the prosecution is that at around 3.30 pm on 23rd November, 2003 in village Champapur, Dist-Boudh inside the house of one Basant Mallick (PW-1), the Appellant cut the throat of the deceased Kalas Mallick. There was an instant death of the deceased. The Appellant is said to have fled away from the spot with the weapon of offence.

4. During investigation, the Investigating Officer (IO) Mrutyunjay Sahoo (PW 9) seized a blood-stained lungi from the bhadi, examined certain other witnesses and held inquest over the dead body of the deceased. Later he sent the dead body of the deceased for post-mortem and seized certain incriminating materials. On completion of investigation, a chargesheet was filed. The Appellant denied his guilt and claimed