JUDGMENT :

S. TALAPATRA, J.

1. This is an appeal by the convict (hereinafter referred to as the appellant) from the Judgment and Order of conviction and sentence dated 20.06.2014 delivered in C.T. No. 46 of 2011 by the Sessions Judge, Rayagada. By the said Judgment, the Sessions Judge convicted the appellant for committing the offence punishable under Sections 302 and 323 of the IPC and sentenced him to suffer rigorous imprisonment for life [without imposing fine] and one year rigorous imprisonment for committing offence under Section 323 of the IPC. It has been also observed that the appellant is entitled to setoff under Section 428 of the Cr.P.C. While returning the finding of conviction, it has been observed by the Sessions Judge that the act of the appellant in dealing blows on the deceased cannot be termed to be only an act of preventing him from taking PW-2 away. Had that been the case, the appellant could have pushed away the deceased, who was much older than him or, in the worst case, could have dealt a single blow to deter him for interfering in taking his wife away. The accused did not stop at a single blow. He dealt successive blows which certainly cannot be understood as