( 1 ) THE appellant was tried by a learned Assistant Sessions Judge at Alipore, sitting with a jury, upon a charge under Section 304, Penal Code for causing the death of one Chaitanya Saha. The jury returned a unanimous verdict of guilty under Section 304, Part I, whereupon the appellant was convicted of the offence and sentenced to suffer rigorous imprisonment for 7 years.

( 2 ) THE prosecution case against the appellant was as follows: The appellant and the deceased Chaitanya were co-villagers and neighbours. Between 8 and 8-30 P. M. on 26-5-1951, in the village called Makalgacha, Chaitanya went to the house of the accused to recover his cow which the accused had kept confined. While proceeding from his own house to that of the accused, along the village road, he was accosted by one Keshab Saha who was then sitting with another person on a 'machan' in front of a shop. Chaitanya stated that he was proceeding to the accused's house to recover and fetch his cow which the accused had kept confined there. Shortly after Chaitanya had passed that way, Keshab and his two companions, named respectively Bhusan and Baharali Gazi, the latter having in the meantime joined Keshab,