A.P. Subba, J.

1. This appeal is directed against the Judgment and Order dated 10.5.2004, passed by the learned Sessions Judge, Morigaon, in Sessions case No. 45/2003, convicting the appellant under Section 304IPC and sentencing him to undergo rigorous imprisonment for 8 (eight) years and a fine of Rs. 1,000/- in default to undergo further rigorous imprisonment for 2 (two) months.

2. The prosecution case, in a nutshell, is as follows:

On 28.2.2002, at about 2.00 p.m., the appellant and his wife trespassed into the fishing pond of the informant and started fishing with a fishing net. The deceased who was the mother of the informant on seeing the appellant and his wife fishing in the said pond came there to resist them. On such resistance being put up by the deceased a quarrel ensued in the course of which the appellant fetched an axe for his nearby residence and delivered a blow with his axe on the head of the deceased causing a grievous injury. On an ejahar being lodged by the informant Laharighat P.S. Case No. 27./2002 under Section447/326 IPC was registered and investigation was taken up. The appellant who had fled away after assaulting the deceased with the axe was captured