DHINAKAR, C. J, M. Y. IQBAL, J.

( 1 ) THE accused appeals.

( 2 ) THE appellant Matal Kisku was tried before the Sessions Judge, Dunika for the offences punishable under section 302 and 323 of the Indian Penal Code, on the allegation that he caused death of the deceased Karu Kisku at 1. 00 a. m. in the night of 28/29-11-1986 and that during the course of the same transaction he caused injuries to Zoba Murmu (PW-6) wife of the deceased Karu Kisku.

( 3 ) THE learned trial Judge, while finding the appellant guilty and sentencing him to imprisonment for life under section 302 of the Indian Penal Code, directed him to suffer imprisonment for a period of six months under Section 323 of the Indian Penal Code, with a further direction that both the sentences will run concurrently. The present appeal is against the said conviction and sentence.

( 4 ) THE facts are as follows : The deceased Karu Kisku and PW-6, Zoba murmu. were residing at Kalidaspur village within the jurisdiction of Pakur police Station. The appellant is the brother of the deceased and was residing in the same village. There was a dispute pending between the deceased, Karu kisku and the appellant, Matal Kisku. Wh