JUDGMENT :

Heard Mr. A.K. Gupta, learned counsel for the appellant and Mr. B.B. Gogoi, learned Addl. Public Prosecutor, Assam.

2. This criminal appeal is preferred against the judgment and order, dated 20.12.2010, passed by the learned Sessions Judge, Jorhat in Sessions Case No. 114(JJ) of 2008, whereby the appellant is convicted under Section 304, Part II of the IPC and sentenced to undergo rigorous imprisonment for 5 (five) years and to pay a fine of Rs. 5,000/-(Five Thousand) only, in default to undergo rigorous imprisonment for 3 (three) months.

3. The prosecution case in brief is that one Sri Babul Borah lodged an Ejahar before the Officer-in-Charge of Pulibor Police Station, stating inter-alia that his uncle Lakhi Kanta Borah had quarrelled with his son, i.e. the appellant and that the appellant inflicted blow on his father by means of a Lathi, used for hanging mosquito net, causing injury to the head of Lakhi Kanta Borah, which resulted into his death. On receipt of the said FIR, Pulibor P.S. Case No. 130/2007 under Section 302 of the IPC was registered against the appellant and police commenced investigation.

4. After completion of investigation, the police laid a charge-sheet