JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. A Division Bench of the Orissa High Court confirmed conviction of the appellant for offence punishable under Section 302 of the Indian Penal Code, 1860 (in short the I.P.C. ) and sentence of imprisonment for life as awarded by Learned Sessions Judge, Mayurbhanj, Baripada.

3. Prosecution version as unfolded during trial is as follows :

On 21.8.1988, Umakanta (brother of the appellant) teased Jayanti, the niece of Chintamani Rout (PW-1), father of the Pratap (hereinafter referred to as the deceased ). On 22.8.1988 Pratap complained about the previous incident to his father (PW-1) who asked him to wait till the arrival of Jayanti s father who was away from the village. In the evening when Jayanti s father returned home, the deceased along with Jayanti s father and Benudhar Rout (PW-5) went to the house of the appellant to ascertain the reason for his having teased Jayanti. As Umakanta was absent nothing could be decided. On the succeeding day i.e. 23.8.1988 morning, the deceased went to the house of the appellant to ascertain whether his brother Umakanta had returned home. He also insisted that the appellant and his brother Umakanta should c