ORDER

The appellant though acquitted by the learned sessions judge, Dakshina Kannada, Mangalore in sessions case No. 54 of 1990 of the charge for the offence punishable under section 302 of the Indian Penal Code for having fatally assaulted his younger brother John D Souza with a kathi on his neck at 8.15 a.m. on 26-4-1990 near the store room inside their house had to come to this Court in view of the reversal of the order of acquittal by the High Court of Karnataka in criminal appeal No. 671 of 1996 and as a consequence being convicted under section 302 IPC and sentenced to undergo life imprisonment.

2. Shorn of all greater details the sum and substance of the matter as reflected from the evidence on record is that the appellant with his wife, his father, mother, youngest sister and the two brothers Ronald and the deceased John were living in the same house, that the appellant being the eldest was entrusted by the father with the management of the agricultural land and the household, that in course of such administration misunderstandings appears to have surfaced leading to some extent of grouse resulting even in litigation before a civil court and as such one or the other seem to