JUDGMENT

Heard and the judgment is as follows

2. Appellant was prosecuted in the Court of Additional Sessions Judge, Rayagada in Sessions Case No.13 of 2001 (Sessions Case No.110 of 2001 of the Court of Sessions Judge, Koraput, Jeypore). That Sessions Case arose out of Chandili P.S. Case No.107 of 2000 and G.R. Case No.319 of 2000 of the Court of S.D.J.M., Rayagada.

3. Bidika Pentaya alias Pentha (hereinafter referred to as ‘the deceased’) was allegedly done to death in the late evening hours of 22.11.2000. With such allegation, charge for the offence under Section 302, I.P.C. was framed against the appellant. To substantiate the charge, prosecution relied on the oral evidence of eight witnesses and the documents marked Exts. 1 to 7, besides the weapons of offence i.e. knife (M.O.I.). While taking plea of complete denial, accused did not adduce any defence evidence.

4. According to the case of the prosecution, appellant had been given accommodation to sleep on the verandah of house of the deceased. On the date of occurrence, the deceased did not permit the appellant to sleep on that verandah. Retaliating to that refusal, appellant dealt a single stab blow to the belly of the deceas