(1.) The Appellant having been convicted for commission of offence under Sec. 302 Indian Penal Code and sentenced to undergo imprisonment for life by the Learned Additional Sessions Judge, Gajapati, Paralakhemundi in Sessions Case No. 16/1996 (Sessions Case No. 205/96 GDC) has preferred this appeal against the order of conviction and sentence.
(2.) The prosecution case as revealed from the F.I.R. is that the son of the informant (P.W.3) was ailing for a considerable length of time and a decision was taken to have a 'Puja' in the house. On 25.12.1995 evening the informant along with all family members started performing 'Puja' in their house. The Appellant who is the father -in -law of the informant, came to the house along with his wife and objected to the performance of such 'Puja'. There was a quarrel between the father of the informant and the Appellant. The Appellant brought out a Kati kept for cutting date palm and stabbed the father of the informant (Viku -the deceased) who died at the spot due to profuse bleeding. On these allegations, the First Information Report having been lodged and the case having been registered for commission of offence under Sec. 302 Indian Penal Code, investigation was undertaken. After completion of investigation, charge sheet was filed for commission of offence under Sec. 302 Indian Penal Code.
(3.) In course of trial, prosecution examined eleven witnesses to prove the charge; but none was examined on behalf of the Appellant.