JUDGMENT :

K.R. Mohapatra, J.

This appeal has been entertained by this Court on a petition of the convict, namely, Jairam Minz from the Special Jail, Rourkela. The convict in this appeal seeks to assail the judgment and order of conviction and sentence dated 16.10.2004 passed by learned Addl. District & Sessions Judge, Rourkela in S.T. Case No. 102/10/2004 (arising out of G.R. Case No. 1706 of 2003 corresponding to Biramitrapur P.S. Case No. 126 of 2003 being committed by learned S.D.J.M., Rourkela). The appellant in the aforesaid case has been convicted under Section 302 I.P.C. and sentenced to undergo imprisonment for life.

2. Prosecution story in brief as revealed from the F.I.R. is that on 11.10.2003, while the deceased, namely, Ganeswar Minz, was assisting his mother namely, Gouri Minz (P.W.2) to enter into his house from the courtyard, she (his mother) fell down. The appellant, namely, Jairam Minz, who is a nephew of the deceased and saw the incident from a distance, thought that the deceased was assaulting his (deceased) mother. Hence, he rushed to the spot and challenged the deceased as to why he was assaulting his mother (grand mother of the appellant). Out of anger, he broug