Baharul Islam, J. :- The appellant, Madan Chandra Dutta, was convicted by the Sessions Judge, Jorhat, under Section 304(1) of the Penal Code and sentenced to suffer rigorous imprisonment for ten years and to pay a fine Rs. 500/- in default, to suffer rigorous imprisonment for six months more.

2. The prosecution case is that there was a land dispute between the deceased Bhadreswar and the appellant. They were relatives, the deceased being the uncle of the appellant. The occurrence took place on 11-11-1969. A quarrel continued since the previous day. On the date of occurrence, they were challenging each other. The appellant then gave a dao blow on the neck of the deceased; the deceased fell down and died.

3. The first information Report was lodged at the Sibsagar Police Station by P.W.1. Bheknath Dutta. Police registered a case and after investigation submitted charge-sheet against the appellant under Section 302 of the Penal Code. After preliminary enquiry the committing Magistrate committed the appellant to the Court of Session to stand his trial under Section 302 of the Penal Code. In the Sessions Court also the appellant stood charged for the same offence.

4. The appellant