PASAYAT, J.

( 1 ) RELATIONSHIP of Buli Dei (P. W. 1) with Dhani alias Dhaneswar Naik (hereinafter referred to as the 'accused'), and Lalu alias Susant Kumar Behera (hereinafter referred to as the 'deceased') at different points of the is stated to be the background of murder which took place on 23-7-1992. The accused was found guilty for commission of offence punishable under Section 302, Indian Penal Code, 1860 (in short, 'ipc'), and was convicted and sentenced to imprisonment for life by learned Sessions Judge, Cuttack.

( 2 ) THE background facts sans unnecessary details are as follows : Buli was living with the deceased having fallen in love with him. Earlier she had lived with the accused. Though Buli was living with the deceased, the accused continued to visit her. On 22-7-1992 in the night, i. e. , one day prior to the date of occurrence, there was quarrel between Buli and the deceased. She told other people of the locality that while she was living with the accused, there was no ill-treatment by him, but when she lived with the deceased, he was torturing her. Next day, that is on the date of incident, there was an altercation between Buli and the deceased. At this time acc