JUDGMENT :

B. Panigrahi, J. - The order of conviction and sentence passed by the learned Sessions Judge. Phulbani in Sessions Case No. 48 of 1989 u/s 302 of the Indian Penal Code, in short IPC. sentencing the Appellant to undergo rigorous imprisonment for life has been called in question in this appeal.

2. The de facto complainant is the son of the deceased. On 7.3.1989 he lodged a report Ext.7 in Kotagarh Police Station and it was treated as F.I.R. on the basis of which investigation started. In the F.I.R. it has been, inter alia, stated that the tie facto complainant's father went to a place locally known as Sedimaha' to collect Salop juice. The Appellant also went there for the said purpose. While collecting such juice, there was a quarrel between the Appellant and the deceased. It is alleged that the Appellant assaulted the deceased by means of wooden lathi, as a result of which he immediately sank down.P.W.3, Rutumai Pradhan. is stated to nave witnessed the incident. On being questioned by her as to why he assaulted the old man (deceased), the Appellant threatened to assault her. It is further alleged that the Appellant flung a stone on the head of the deceased twice, as a resul