(1.) The appellant has assailed the judgement passed by the learned Additional Sessions Judge, Balasore convicting him for an offence under S.302 I.P.C. and passing the sentence of imprisonment for life.
(2.) The appellant Jadu, deceased Madhu and P.W. 1, Kailash were the three brothers living at village Nachhipur within Bhadrak (R) police station in the district of Balasore. The houses of the appellant and the deceased on the east and west respectively are intervened by a narrow lane. During rainy season the rain water from the roof of the deceased's house falls on the side of the walls of the appellant and then flows out. The appellant objected to the rein water falling from the roof of the deceased's house near the walls of his house. On 13-8-85 at 9.00 p.m. there was a quarrel between the appellant and the deceased with regard to the above during which the neighbours intervened and pacified them. They asked the appellant to go inside the house and closed the door and similarly they told the deceased to enter inside the house and closed the front door. Sometime later the deceased broke open the door of his house, came out with an iron rod and in order to attack the appellant broke his front door partially. He became violent and brandishing the iron rod came out shouting that he would kill the appellant. The appellant came out with a Katari in his hand and assaulted the deceased by means of it causing several injuries on different parts of the body. P.W. 1 whose house is at a different place came with other neighbours, and removed the deceased, who was alive, to Bhadrak Government hospital where he was treated and was subsequently removed to S.C.B. Medical College Hospital, Cuttack for better treatment. The deceased, however, did not survive and breathed his last. P.W. 1 lodged the FIR (Ext. 1) on 14-8-85 stating the facts in brief. At the first instance a case under S.307 I.P.C. was registered against the appellant which was converted into one under S.302 I.P.C. after his death.
(3.) The appellant in his statement under S.313, Cr. P.C. took the defence that the deceased picked up the quarrel with him having became violent and brandished an iron rod with the intention of killing him. He, however, denied that he was the assailant of the deceased.