A. S. NAIDU, J.

( 1 ) THE judgment of conviction and sentence dated 20th December, 1986 passed by learned Sessions Judge, phulbani in S. C. No. 25/1986 convicting the appellant under Section 304 (Part II) I. P. C. and sentencing him to undergo R. I. for four years is assailed in this appeal.

( 2 ) BEREFT of unnecessary details the prosecution case in short is that in the year 1985 the informant, P W1, had gone to Kothagarh market. His father-in-law, the deceased, had also gone to the said market. While the informant was on his way back to his house he met the accused who was going along with Sridhar Majhi, PW2, and Bhima Majhi, pw3. Seeing the informant the accused asked him to return Rs. 20 which he had borrowed from him. As the informant expressed his inability to repay the amount, the accused got annoyed and gave him two slaps and threatened to kill his father-in-law, the deceased. After proceeding ahead the accused and PWs 2 and 3 met the deceased near a Nala locally known as 'khari' and seeing him the accused asked him to repay the amount borrowed from him. The deceased also expressed his inability to pay the amount. Consequently a quarrel ensued inter se between them and th