JUDGMENT

S. Panda, J.—This appeal has been filed by the State of Odisha challenging the judgment dated. 9.12.1998 passed by the learned Sessions Judge, Mayurbhanj, Baripada in S.T. Case No. 59 of 1997 acquitting the respondent from the charges under Section 302 of IPC.

2. The case of the prosecution is that 12.10.1996 at about 4.00 p.m. there was altercation of words between the deceased Lopsa Soren and the respondent Rama Chandra Hansda in connection with cutting of Canal water. The accused assaulted the deceased by means of a lathi in the house of the deceased and due to such assault the deceased sustained severe bleeding injuries on his head. The informant, son of the deceased on his return to house in the evening came to know about the incident from his mother and uncle that the accused assaulted the deceased in connection with cutting of Canal water. At about mid night the deceased lost his sense as no doctor was available for his treatment. He was admitted to Udala Hospital for treatment in the morning and succumbed to the injuries at about 8.00 p.m. of 14.10.1996. The informant lodged the FIR Ex.1 which was registered as Udala P.S. Case No. 85 of 1996 under Section 302 of IP