B.D. Agarwal, J

1. The appellant herein has been convicted under section 304 Part-I of the Indian Penal Code, vide impugned judgment dated 27.8.2008, passed by the learned Sessions Judge, Dhemaji in Sessions Case No. 20(DH) of 2007. After his conviction, the appellant has been sentenced to undergo rigorous imprisonment for 7(seven) years with fine of Rs. 2000/- and in default of payment of fine, the appellant has been directed to undergo simple imprisonment for 2(two) months. Being aggrieved with the conviction and sentence, the convict has preferred this appeal.

2. Heard Mr. BD Konwar, learned counsel for the appellant and Mr. BB Das, learned Additional Public Prosecutor for the State. I have also gone through the impugned judgment and the evidence tendered by the prosecution as well the accused in the trial court.

3. As could be gathered from the record, both the accused and the injured are from the same village. The record further reveals that the incident had taken place after an altercation between the accused and the deceased over alleged damage of crops of the informant by pigs of the accused.

4. The incident took place on 10.10.2006 at about 9 am. At the relevant time,