JUDGMENT

Dr. S. Muralidhar, CJ. - This present appeal is directed against the judgment dated 9th March, 2016 passed by the learned Additional Sessions Judge, Athgarh in S.T. Case No.56 of 2015 convicting the Appellant for the offence punishable under Sections 302 and Section 324 of the IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.1,000/- and in default to undergo Rigorous Imprisonment (RI) for three months for the offence under Section 302 IPC and to undergo RI for one year for the offence punishable under Section 324 of IPC. Both the sentences were directed to run concurrently.

2. The case of the prosecution is that on 12th April 2015, the informant Lova Behera (PW-7), the wife of the deceased Sugribara Behera of Bailo, was spreading green gram in the farmyard. At that time, the accused-Appellant abused PW-7 in filthy language protested against the spreading of green gram there. PW-7 then returned to her house. On the same day at around 6 pm, while PW-7 and the deceased were stacking green gram in the farmyard, the Appellant being armed with sword came there; abused the deceased in filthy language and assaulted him with a sword on his head, neck an