P.K.Deb and D.P.S.Choudhary JJ.

1. This appeal has been preferred by the above-mentioned accused appellant against the judgment and order dated 27-8-1990 passed by the then 4th Additional Sessions Judge, Munger in Sessions Case No. 325 of 1987 convicting the accused-appellant under Sec. 302 of the Indian Penal Code and sentencing him rigorous imprisonment for life. When the appeal was preferred before this Court vide order dated 15-11-1990 a Division Bench of this Court has appointed Shri Viveka Nand Jha as an arguing Counsel for and on behalf of the accused-appellant.

2. The deceased in the present case is Matal Marandi who happened to be the cousin of the accused-appellant Tuni Marandi. The prosecution case is that the accused-appellant Tuni Marandi was a habitual drunkard and on being cousin, the deceased Matal Marandi used to caution him not to take more wine and while chastising he was reminding of the death of the elder brother of the accused-appellant on the same cause of consumption of excess liquor. On the previous date of occurrence when again the deceased cautioned the accused-appellant while he was taking wine in a nearby house belonging to one blind woman then