1. The Appellant, by filing this Appeal, has challenged the judgment of conviction and order of sentence dated 16th September, 2010 and 17th September, 2010 respectively passed by the learned Ad hoc Additional Sessions Judge (Fast Track), Chatrapur in Sessions Trial No.38 of 2008 (S.T. No.121/2008 - GDC) corresponding to G.R. Case No.215 of 2007 arising out of Hinjili P.S. Case No.100 of 2007 of the Court of the learned Sub- Divisional Judicial Magistrate (S.D.J.M.), Chatrapur.
The Appellant (accused) thereunder has been convicted for commission of offence under S.302 of the Indian Penal Code, 1860 (in short, 'IPC') and sentenced to undergo imprisonment for life and pay fine of Rs.5,000/- (Rupees Five Thousand) in default to undergo rigorous imprisonment for one (1) year for commission of the said offence.

2. Prosecution Case: -
On 02.07.2007 around 11.30 a.m., there was hot exchange of words between the accused and Podal Bhagaban on the road in front of the house of the accused. It is then stated that this accused gave blows by means of Tangia on the head and face of Podal Bhagaban, which resulted his fall on the road after sustaining bleeding injuries. One P. Narayan (Informant - P.W.3) then lodged a written report with the Officer - in - Charge (O.I.C.) of Hinjili Police Station.
The O.I.C. (P.W.11), receiving the written report, treated the same as FIR (Ext.2) and upon registration of the criminal case, took up the investigation of the case.

3. In course of investigation, the I.O (P.W.11) examined the informant (P.W.3) and other witnesses. The I.O. (P.W.11), having visited the spot, prepared the spot map (Ext.10). He shifted the injured to M.K.C.G. Medical College and Hospital, Berhampur for treatment. From the spot, the I.O. (P.W.11) seized the blood stained tangia, sample earth and blood stained earth under the seizure list (Ext.1). The wearing apparels of the injured were seized under seizure list (Ext.3). On getting information from the Hospital that the injured died while undergoing treatment at Berhampur, the I.O. (P.W.11) proceeded to Berhampur and held inquest over the dead body of the Podal Bhagaban and prepared his report (Ext.4). Thereafter, the dead body of Podal was sent for post mortem examination by issuing necessary requisition. The seized incriminating articles were sent for chemical examination through Court. On 28.10.2007, the I.O. (P.W.11) handed over the charge of the investigation to the Circle Inspector of Hinjili, who, on completion of the investigation, submitted the Final Form placing this accused to face the trial under S.302 of the IPC.

4. Learned SDJM, Chatrapur on receipt of the Final Form, took cognizance of the offence under S.302 of the IPC 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 offence against the accused.

5. In the Trial, the prosecution in total has examined eleven(11) witnesses. Out of them, P.W.3 is the Informant. P.Ws.1, 2, 4, 6, 7 and 8 are the eye witnesses to the occurrence as projected by the prosecution. P.W.5 is the brother of the deceased. The doctor who had conducted post mortem over the dead body of the deceased is P.W.9 and the Investigating Officer has come to the witness box as P.W.11.

6. Besides leading the evidence by examining above the witnesses, the prosecution has also proved several documents which have been admitted in evidence and marked as Ext.1 to Ext.15. Out of those, the important are the FIR (Ext.2), inquest report (Ext.4), spot map (Ext.10), Post Mortem Report (Ext.5) and chemical examination report (Ext.15).

7. The accused has not tendered any evidence in support of his plea of denial and false implication.

8. Mr.J.Samantaray, learned counsel for the Appellant (accused), at the outset, instead of questioning the finding of the Trial Court that Podal Bhagaban met a homicidal death as also the happenings in the incident and the role of this accused, pla