JUDGMENT

A. K. Mishra, J. - In this appeal U/s.383 Cr.P.C., the appellant has assailed his conviction U/s.302 of the Indian Penal Code, 1860 (herein after referred as "I.P.C." for brevity) and the sentence of imprisonment for life and fine of Rs.100/-, in default R.I. for 10 days passed by 3rd Addl. Sessions Judge, Puri in S.T. Case No.99-77 of 2013-10 by his judgment dtd.31.3.2015.

2. Put briefly, the case of the prosecution is that deceased Kalu Behera @ Pintu, accused Kabula Behera and witness P.W.5 Babuli Behera are agnatic brothers. Deceased with his wife and mother were staying at Basudeipur - Gadiupara in a coconut firm of one Jagannath Panda. Deceased had right to sikim tenancy over the same. The elder brother P.W.5 was staying outside. Accused who was staying outside came with his family and constructing a hut near the house of deceased stayed there prior to 2 to 3 months of the incident. Both deceased and accused persons had family dispute.

On 09.12.2009 at about 5.30 P.M. deceased while returning from grocery shop in his bicycle, in front of his house, accused dealt sword blows, as a result deceased fell down, struggled and succumbed to the injuries. The request of the wi