I.A. Ansari, J.

1. By the judgment and order dated 5.6.95, passed by the learned Sessions Judge, Nagaon, the accused-Appellant, Ganesh Bora, stands convicted under Section 304 (Part-I) and 326 of the Indian Penal Code and sentenced, for his conviction under Section 304 (Part-I) IPC, to suffer, rigorous imprisonment for six years and to pay a fine of Rs. 1000/- and, in default of payment of fine, rigorous imprisonment for a further period of one year and also to suffer, for his conviction under Section 326 IPC, rigorous imprisonment for a period of one year and to pay a fine of Rs. 500/- and, in default of payment of fine, suffer imprisonment for a further period of 15 (fifteen) days, both the sentences running concurrently.

2. The case of the prosecution, as unfolded at the trial, may in brief, be stated as follows:

Iftikar Ahmed (P.W. 4), Bipin Bora and Narayan Kundu were friends, they all being petty shopkeepers, having their shops at Nehrubali, Nagaon, Bipul Bora, brother of Bipin Bora (P.W. 5), an employee of the Assam State Electricity Board, was a visitor to the said shops. On the day of the occurrence, i.e. on 24.12.87, after closing their shops, Narayan Kundu (since de