JUDGMENT :

B.P. Ray, J. - The Appellant assails in this appeal the judgment of conviction and sentence passed by the 2nd Additional Sessions Judge, Bhubaneswar in S.T. Case No. 2/127 of 1993. The learned Additional Sessions Judge, in the impugned judgment while acquitting the Appellant of the charge Under Sections 302/34 I.P.C., held him guilty of the charge u/s 304-I, I.P.C. and sentenced him to undergo R.I. for ten years.

2. The prosecution case is that on 25.9.1991 at about noon time while Abanikanta Mohanty (hereinafter referred to as "the deceased") was going towards Khurda Railway Station, on his way near the Sitaram Chhaka of Jatni, the Appellant along with on Ashok Behera (since acquitted) accosted him and then quarreled with him and in course of such quarrel, Ashok caught hold the shirt of the deceased and the Appellant dealt a stab blow by means of a Gupti on the left side of his upper abdomen, as a result of which the deceased sustained severe bleeding injury, fell down there and became unconscious. The Appellant then along with Ashok fled away with their weapon of offence. The deceased thereafter was shifted by the witnesses present namely, Pramod Barik (P.W.4) and Trailo