JUDGMENT

S.K. Sahoo, J. - The appellant Badashiba Majhi faced trial in the Court of the learned Sessions Judge, Kalahandi, Bhawanipatna in Criminal Trial No.33 of 2014 (Sessions) for offence punishable under section 302 of the Indian Penal Code on the accusation that on 01.01.2014 at about 5.30 p.m., he committed murder of Manasingh Majhi (hereafter the deceased) by dealing lathi blows on his head and back in front of the house of the informant Beshu Majhi (P.W.1) under Thuamul-Rampur police station.

The learned trial Court vide impugned judgment and order dated 25.01.2018 while acquitting the appellant of the charge under section 302 of the Indian Penal Code found him guilty under section 304 Part-II of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for eight years.

2. The prosecution case, as per the F.I.R, in short, is that on 01.01.2014 at about 5.30 p.m. the appellant Badashiba Majhi was quarreling with the wife of the informant Benu Majhi (P.W.1). Since the wife of the appellant had left him and she was staying at her fathers place, the appellant was insisting the wife of the informant to bring back his wife. At that point of time, the deceased Mansing