JUDGMENT

Prafulla C. Pant, J.

Leave granted.

2. This appeal is directed against judgment and order dated 19.10.2012, passed by Gauhati High Court in Criminal Appeal No. 115 of 2008 whereby said Court has affirmed the conviction and sentence recorded against the appellant, by the Additional Sessions Judge, West Tripura Khowai, in ST. 42 (ST/K) of 2008 in respect of offence punishable under Section 302 of Indian Penal Code (IPC).

3. We have heard learned counsel for the parties and perused the papers on record.

4. Prosecution story, in brief, is that on 17.06.2007 at about 10.00 a.m. an altercation took place between appellant Ranjit Sarkar and Anil Das (deceased) over draining out of rain water through paddy field in Village Tuichindrai. PW-1 Sabitri Das, PW-6 Rina Das and PW-11 Sumitra Das intervened in the quarrel between the two, and subsided the matter. At about 9.00 p.m. on the same day (17.06.2007), Anil Das accompanied by PW-2 Ajit Das, was returning from Tuichindrai market, and when they reached near the house of Ranjit Sarkar, he (Ranjit Sarkar) came from his house armed with wooden file and gave a severe blow on the head of Anil Das, as a result he got injured and fell down