JUDGMENT

S.K. SAHOO, J.

The appellant was charged under section 302 Indian Penal Code in the Court of learned Additional Sessions Judge, Bhubaneswar in S.T. Case No.3/75 of 1996 for committing murder of his grandmother Nirupama Behera (hereafter “the deceased”) on 26.10.1995 at about 7 a.m. at Bapujinagar, Bhubaneswar. He was further charged under section 307 Indian Penal Code for attempting to commit murder of his grandfather Akulananda Behera (P.W.4) on the same day, time and place.

The learned trial court vide impugned judgment and order dated 26.9.1998 found the appellant guilty under sections 302 and 323 I.P.C. and accordingly convicted him of such offences and sentenced him to undergo imprisonment for life under section 302 I.P.C. No separate sentence was awarded for offence under section 323 I.P.C.

2. The prosecution case as per the F.I.R. lodged by Akulananda Behera (P.W.4) on 26.10.1995 at about 8 a.m. at Capital Police Station, Bhubaneswar, in short, is that the informant was staying in his house situated at Plot No.229, Bapujinagar, Bhubaneswar with his wife (deceased) who was aged about 74 years. His elder son Birendra was staying at his village Bairagipada with his famil