2006 during morning hours, Nanga Madhi (the deceased) and the accused had been to Malkangiri to sell fire-wood and Anda Madhi who has been examined in P.W.1 in the trial, had accompanied them. In the afternoon, on their way back home from Malkangiri, there ensued a quarrel concerning cock fighting on the foot of hillock. The accused all of a sudden became got annoyed and assaulted the deceased by a lathi on his hand and head which resulted his fall on the ground. The accused then also assaulted the deceased on his chest with a piece of stone. The deceased died at the spot itself. Anda Madhi (P.W.1) was witnessing the incident and he was threatened by the accused not to disclose it to anybody in the village so as to avoid the recurrence of the same situation which the deceased faced. After return, P.W.1 for some time did not disclose the incident before anybody. However, on the next day, it was told by him to the villagers and soon thereafter, the accused absconded from the village. The elder brother of the deceased (P.W.12) on receiving the information about the incident came to the village and having collected further information, reported the matter in writing at Malkangiri P.S. Pursuant to the same, Malkangiri P.S. Case No.165 of 2006 was registered and investigation started. The Investigating Officer
