(1.) THIS appeal is directed against an order of conviction under Section 302, Indian Penal Code and a sentence of imprisonment fat life passed by the learned Sessions Judge of Bolangir -Kalahandi.
(2.) THE prosecution case was that on the night of 22 -8 -1973 while the deceased Dhobi Naik along with P.W. 2 Sobha Naik, P.W. 3 Biswanath Naik and P.W. 4 Braja Naik were committing theft of the Gurji crop from the field of the accused, the latter arrived there along with P.W. 5 Bairagi Majhi and another person named Dundu. On seeing the accused and his companions, the deceased and his companions tried to run away from the spot, but the accused chased and caught hold of the deceased and gave a lathi blow on the back of his neck as a result of which he sustained injuries and lost consciousness. Then the accused tied the legs and bands of the deceased and threw him into a Nala. On the next day the deceased was carried to Bhawanipatna Hospital where he succumbed to the injuries on 25 -8 -1973. P.W. 7 Tulsa Gouden, the widow of the deceased lodged F.I.R. at the police Station on 25 -8 -1973 at 10.30 p.m. and after investigation the police submitted charge -sheet against the accused.
(3.) ON trial, the learned Sessions Judge held the accused guilty and inflicted the sentence as indicated above. Hence the present appeal.