JUDGMENT :

Pradip Mohanty, J. - In this appeal from jail, the Appellant seeks to assail the judgment and order dated 30.06.1998 passed by the learned Additional Sessions Judge, Jeypore in Sessions Case No. 66 of 1997 convicting the Appellant u/s 302, IPC and sentencing him to undergo imprisonment for life.

2. Case of the prosecution, as unfolded during trial, is that on 01.01.1997 at about 9.30 PM when the deceased Archita Gadaba, who is the informant's father's younger brother, was washing his hands after taking the night meal, the Appellant started quarrelling with him and threatened to kill him. Saying so, the Appellant assaulted on the head of the deceased by means of an axe with which he was then armed causing severe bleeding injury. Due to such assault, deceased fell down on the floor and became senseless. The informant and Ors. then shifted the deceased to Rabanaguda PHC in that unconscious state. As the deceased did not regain his sense, the informant lodged FIR in Borigumma Police Station. The case was initially registered u/s 307, IPC. But as the deceased succumbed to the injury it was turned to one u/s 302, IPC, investigation was taken up and after its completion charge-sh