JUDGMENT

S.K. Panigrahi, J. - The present appeal has been directed against the judgment of conviction and order of sentence dated 25.09.2018 passed by the learned Sessions Judge, Dhenkanal in C.T. (Ss) Case No.18 of 2017, whereby the appellant assails his conviction for commission of offences punishable under Sections 304 Part-II of the Indian Penal Code, 1860 (hereinafter referred to as 'the I.P.C.' for brevity) and sentence to undergo rigorous imprisonment for 10 years and to pay a fine of Rs.5,000/- and in default of payment of fine, he has been sentenced to further undergo R.I. for a period of three months under Section 304 Part-II of the I.P.C.

2. Shorn of unnecessary details, the substratum of the matter presented before this Court remain that the deceased was a resident of village Analabeda, P.S. Rasol, Dist- Dhenkanal. On 4th October 2016, the deceased was assaulted by Nirakara Sahu (hereinafter referred to as 'the Appellant' for brevity), with a bamboo lathi near the shop of Ami Sahoo (P.W.2) at around 8.00 P.M. in the evening. The deceased sustained injuries on the head and other parts of the body and subsequently, succumbed to such injuries due to shock and haemorrhage. Th