JUDGMENT :

S. Muralidhar, CJ.

1. This appeal is directed against the judgment dated 21st March, 2007 passed by the learned Sessions Judge, Mayurbhanj in ST Case No.175 of 2005 convicting the Appellant for the offence punishable under Section 302 IPC for the murder of his cousin, Basanta Kumar Naik and sentencing him to life imprisonment and to pay a fine of Rs.500/- in default to undergo rigorous imprisonment (RI) for three months.

2. At the outset it requires to be noted that pursuant to the order dated 21st April, 2022 of this Court, the IIC, Karanjia Police Station, Mayurbhanj has submitted a report on 5th May, 2022 stating that the Appellant is staying in his house with his wife and his other family members.

3. The case of the prosecution is that on 23/24th April, 2005 around midnight, the deceased quarreled with his wife, Gouri Naik (P.W.1) and during such quarrel, the accused, who was the cousin of the deceased, came there and challenged the deceased for picking up quarrels with the family members regularly. Due to such challenge, there was a hot exchange of words between the deceased and the accused. Thereafter, the accused returned to his house and returned back with a sword a