JUDGMENT :

D.Dash, J.

1. The Appellant, by filing this Appeal, has attacked the judgment of conviction and order of sentence dated 26.12.2022 passed by the learned Sessions Judge, Gajapati, Paralakhemundi in S.T. No.37 of 2020 arising out of G.R. Case No.50 of 2020 corresponding to Kashinagar P.S. Case No.51 of 2020 of the Court of learned Judicial Magistrate First Class (J.M.F.C.), Kashinagar.

The Appellant (accused) thereunder has been convicted for committing the offence under section-302 of the Indian Penal Code, 1860 (for short ‘the IPC’) and accordingly, he has been sentenced to undergo imprisonment for life with payment of fine of Rs.10,000/- (Rupees Ten Thousand) in default to undergo rigorous imprisonment for a period of one (1) year.

2. The prosecution case is that on 29.05.2020 in the afternoon around 12.20 p.m., there was a quarrel between the accused and Dhanunjaya Jena (deceased). During the said quarrel, the accused is said to have dealt a blow on the head of the deceased by means of a lathi. He then fell on the ground. It is further stated that sometime thereafter the accused assaulted the deceased in front of the Office of the Revenue Inspector of the village. It is stated that the accused there gave a blow on the right leg of the deceased by means of an axe. The wife of the deceased (P.W.4) and her daughters (P.W.3 and 10) rushed to the spot and therefrom when they raised shout to rescue the deceased, the accused fled away from the spot carrying the axe. The wife of the deceased (P.W.4) with the help of others then shifted the deceased to Kashinagar Hospital by an Ambulance where the Doctor declared the deceased as dead. She then lodged a written report with the Inspector-in-Charge (I.I.C.), Kashinagar Police Station. The I.I.C. receiving the said report treated that as First Information Report (F.I.R.- Ext.4) and registered the case. He then took up the investigation. The Investigating Officer (I.O.-P.W.12) then examined the Informant (P.W.4) and other witnesses. He also held the inquest over the dead body and prepared his report (Ext.1). The accused being arrested gave recovery of the axe after giving statement to the I.O. (P.W.12) by leading him and others to the place of keeping of the said axe. The dead body of the deceased was sent for Post Mortem Examination upon issuance of necessary requisition. The incriminating articles seized in course of investigation were sent for chemical examination through Court. On completion of investigation, the I.O. (P.W.12) submitted the Final Form placing the accused to face the Trial for commission of offence under section 302, I.P.C.

3. Learned J.M.F.C., Kasinagar having received the Final Form as above, took cognizance of the said offences and after observing the formalities, committed the case to the Court of Sessions. That is how the Trial commenced by framing the charge for the said offences against the accused.

4. In course of Trial, the prosecution examined in total thirteen (13) witnesses. As already stated, the Informant, who is the wife of the deceased is P.W.1 and her two daughters are P.W.3 and P.W.10. Another witness who is a co-villager and is said to have seen the occurrence has come to the witness box as P.W.11. The witness to the seizure of the axe at the instance of the accused is P.W.6 and another co-villager who had informed P.W.3, 4 and 10 about the occurrence which had taken place near the R.I. Office is P.W.13. The Medical Officers are P.W.7 and 8 and the I.O. has come to the witness box at the end as P.W.12.

The prosecution having led the evidence by examining the above witnesses has also proved several documents, which have been marked Exts.1 to 29. Of those, the important are the F.I.R. (Ext.4) and the Inquest Report as well as the Post Mortem Examination Report which are Ext.1 and 7. The Chemical Examiner’s reports has been marked as Ext.28 and 29 respectively.

The plea of defence is denial and false implication. He has, however, not tendered any evi