JUDGMENT

S.Panda, J. - This Criminal Appeal is directed against the judgment dated 21.6.1999 passed by the leaned Sessions Judge, Keonjhar in Sessions Trial Case No. 93 of 1997 in convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life.

2. The prosecution case in short fact is that:-

The accused was dealing with purchase and sale of buffaloes. Three to four days prior to the date of occurrence, which took place on 1.2.1997, he brought some customers for sell of his buffaloes to his village Talapada. But the customers returned as the price could not be settled. While the customers were returning Kuna Behera went and talked with them. This could be noticed by the accused and he entertained doubt that it was Kuna Behera who dissuaded the customers not to purchase the buffaloes of the accused. This enraged the accused and he bore grudge against Kuna Behera. On 1.2.1997 at about 6.30 P.M. when Kuna Behera was enjoying heat of the fire with others near the house of Bangali Barik, accused suddenly reached there with a 'Bala' and dealt a blow to the right shoulder of Kuna Behera causing his instant dea