JUDGMENT

S.PUJAHARI, J. - The appellant herein, calls in question the judgment of conviction and order of sentence dated 08.11.2004 passed against him in Sessions Case No. 32 of 2001 on the file of the Addl. Sessions Judge, Rayagada. By the impugned judgment, the learned trial Court held the appellant guilty of the charge under Section 302 of the Indian Penal Code, 1860 (for short “the IPC”) and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 5,000/, in default, to undergo R.I. for six months more.

2. Prosecution case as placed before the trial Court is that in the night intervening 25/26.06.2001, the deceased, who happens to be the uncle of the appellant, in a state of inebriation, was shouting in the village and when the father of the appellant (D.W.1) made protest to the same being his elder brother, he (deceased) assaulted him with a ‘Thenga’. The appellant seeing the same, being enraged, assaulted the deceased with ‘Thenga’(M.O.I) causing injury on his chest and head, and the deceased succumbed to the injuries there. The appellant then with his father went to Mandingi Mala (P.W.1) who was in his guard hut in his field to guard his crop and confessed th