JUDGMENT

D. Dash, J. - The Appellant, by filing this Appeal from inside the jail, has called in question the judgment of conviction and order of sentence dated 3rd May, 2010 passed by the learned Additional Sessions Judge, Malkangiri in Criminal Trial No.24 of 2007. The Appellant as the sole accused having faced the Trial for commission of the offence under section 302 of the IPC, has been found guilty of the offence under section 304-II of the IPC and accordingly, he has been sentenced to rigorous imprisonment for a period of seven years with usual benefit of set off as provided under section 428 of the Cr.P.C.

2. The prosecution case, in short, is that on 28th day of November, 2006 during morning hours, Nanga Madhi (the deceased) and the accused had been to Malkangiri to sell fire-wood and Anda Madhi who has been examined in P.W.1 in the trial, had accompanied them. In the afternoon, on their way back home from Malkangiri, there ensued a quarrel concerning cock fighting on the foot of hillock. The accused all of a sudden became got annoyed and assaulted the deceased by a lathi on his hand and head which resulted his fall on the ground. The accused then also assaulted the deceased o