JUDGMENT :

S.C. Datta, J. - This is an appeal by the accused against the order of conviction and sentence recorded by the learned Sessions Judge, Balangir.

2. The appellant passed trial under Section 302, Indian Penal Code before the trial Court for causing the death of one Monmohan Bachha. On conclusion of trial, the trial Court found that the offence under Section 304, Part- II, I.P.C. has been made out, and as such the appellant was convicted thereunder and sentenced to imprisonment for five years.

3. The prosecution case, in short, is that the deceased Monmohan was a retained labourer of one Nirasha, the daughter of Ananda Mohan Mati (P.W.3). Rabi Chandra Bachha (P.W.1) was also a labourer working under the said Nirasha. On the day of incident, both the Nirasha and the informant Rabi Chandra Bachha (P.W.1) were working as labourer in the Bari of Nirasha and the) were engaged in transplanting chilli. At that time, the accused Abhiram Bachha arrived there and enquired from the deceased Manamohan Bachha as to why his children had committed theft Sir plants from his Atta land and demanded compensation from him. When the deceased denied any knowledge about it and did not oblige him to