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

1. This appeal has been preferred by the above named sole accused-appellant against the judgment and order passed by the then Sessions Judge, Katihar in Sessions case No. 145 of 1990 on 12-3-1991 convicting the accused-appellant and sentencing him rigorous imprisonment for life under Sec. 302, I.P.C. for committing murder of his father Bhajju Pandit intentionally.

2. The prosecution case in brief is that the deceased Bhajju Pandit had four sons. The accused-appellant Jogendra Pandit, informant Jyotish Pandit, P.W. 7 Nabin Chandra Pandit and another were the sons of the deceased Bhajju Pandit. About a year before the occurrence, the accused-appellant Jogendra Pandit allegedly by impersonating somebody else got some lands of Bhajju Pandit, being sold in the name of his son and wife and when the same came to the notice of Bhajju Pandit he lodged not only a civil suit but also criminal case of forgery against the accused-appellant Jogendra Pandit and some others, so bad relations started between the father and the son. Accused appellant was residing separately while Bhajju Pandit the deceased was residing along with two of his sons. The tendered