Anil Kumar Singh, J.

1. This appeal has been directed against the order of conviction and sentence dated 19th October, 1993 passed by the Judicial Commissioner, Ranchi, in Sections Trial No. 52 of 1991 whereby whereunder the appellant, namely, Kalia Oraon has been convicted under Sec. 304, Part II of the Indian Final Code and has been sentenced to undergo rigorous imprisonment for a period of ten years.

2. The material facts of the case are as follow:

The parents of the informant used to live in Tuko Khunti Tola, whereas, the informant used to live with his brother Kishun Oraon at Amba Toli. On 15.4.1990 at about 10 a.m., the informants father Joseph Oraon (the deceased) came to the house of the informant and told him that the appellant Kalia Oraon and his wife Charia Orain had assaulted his wife at village Dangrichippi. So, the informant along with his parents went to village Dangrichippi and sat near "Akhra". The informant asked his father to call Kalia Oraon and accordingly, his father went to call Kalia Oraon so that the dispute may be decided in a Panchayati. It is alleged that an altercation took place between Kelia Oraon and the deceased father of the informant near