BARUNA SA Vs. STATE OF ORISSA

JUDGEMENT

(1.) The appellant was found guilty of the offence of murder. Learned Ses-sions Judge, Bolangir sentenced him to suffer imprisonment for life. Aforesaid judgment and order of sentence dated 3.11.1992 passed by the learned Sessions Judge, Bolangir in Sessions Case No. 62 of 1992 are impugned in this ap-peal.

(2.) The prosecution case stated succinctly as found from the record is as follows:

(3.) The appellant pleaded not guilty. It is the specific defence case that while the appellant was asleep, both the deceased persons woke him up and wanted him to come to their house; he declined; the deceased persons attempted to take him forcibly; the appellant being apprehen-sive of some ill consequences, struggled, freed himself and ran away.