R. P. SONDURBALDOTA, J:

1. This appeal is directed against the judgment and order dated 23/5/2008 convicting the appellant for the offence punishable under Section 302 of I.P.C. and punishing him with life imprisonment and with fine of Rs.5000/-. In default of payment of fine, the appellant is to undergo simple imprisonment for three months.

2. Shorn of unnecessary details the facts alleged by the prosecution are as follows:

The appellant, deceased Pratap, Daitari Shetty, (PW.4), Rukesh Behra (PW.8), one Sunil and one Guna were residing together in a room taken on rent from Shaikh Abdul Riyaz (PW.3) All these persons were employed as plumbers/helpers with one Banbihari Das, (PW.5) On 1/11/2005, the Diwali day at about 9.00p.m., PW.5 had visited the room and paid wages to everybody. Pratap then gave money to Sunil to buy beer which he did. All the persons except Ravi consumed beer. Pratap requested the appellant to put on music on his V.C.D system. The appellant refused by saying that it was too late in the night and it would disturb the neighbours. On this, Pratap got angry and slapped the appellant. With this, a fight ensued between the two. Then Ravi, Daytari, Sunil