1. Heard Ms. C. Sharma learned Amicus Curiae appointed in place of Mr. S. Baruah the appointed amicus curiae who is found to be absent when the jail appeal has been called upon for final hearing. Also heard Mr. K. A. Mazumdar learned Public Prosecutor, Assam.

2. The conviction of the appellant under section 304 Part II IPC and resultant sentence to undergo rigorous imprisonment (for short, R.I.) for 10 years and to pay a fine of Rs. 1,000 in default further R.I. for 3 months have been challenged in this criminal appeal by the appellant from jail.

3. The impugned conviction and sentence was imposed by the learned Ad hoc Additional Sessions Judge, Hojai at Sankardev Nagar, Nagaon in Sessions Case No. 47(N)02 by his judgment and order dated 24.12.2003.

4. The brief facts as projected by the prosecution is that on 7.9.2000 at about 4 P.M. the appellant along with his son Amiruddin @ Manu had a quarrel with the deceased Rokib Ali, the husband of PW-1 Smt. Khudeja Khatun in the paddy field where late Rokib Ali was working. At that time, in the midst of that quairel the son of the appellant, Amiruddin @ Manu caught hold of the deceased Rokib Ali and at that stage the appellant inflicted a da

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