JUDGMENT

L. Rath, J. -This appeal by a convict from jail is directed against his conviction under section 302, I.P.C. and sentence to under go imprisonment for life for having caused the death of his father Danei Gochhayat (hereinafter referred to as the 'deceased') on 17-5-1982.

2. Briefly stated, the prosecution case is that the appellant had been away at Assam since about ten years and had returned to the village four months prior to the occurrence and was putting up with his father, but after some time some, misunderstanding having started, he had started separate mess. He had given a goat to his father for tending which had given birth to two kids. On the occurrence day while the appellant was taking the goat and the two kids to his father-in-law's house, he was prevented by the deceased taking away one kid laying a claim over it. The appellant came back to the house with the goat and the other kid stating that he would either take all of them or would not take none at all and so saying left the cattle in the house and went away. At about 6.00 p.m. when the deceased was coming on the village road, the appellant, who had concealed himself in the back side of the cabin of one Su