( 1 ) - This appeal is directed against the judgment and order of the learned Sessions Judge, East and North at Gangtok, convicting the appellant. Sanjay Lohar under Section 302 IPC for causing the murder of Hemraj Darnal at Chumba busty. Martam under Singtam Police Station on 3-9-1999 at about 2200 hours and sentencing him to rigorous imprisonment for life with a fine of Rs. 10. 000/- (ten thousand) or in default of payment of fine to undergo further rigorous imprisonment for six months with a further direction that, if fine is realized the same be paid to the kin of the deceased.

( 2 ) BOTH the deceased and the accused persons were neighbours residing in adjacent houses at Chumba busty and were also related to each other. On 3-9-1999, after the days work they came back home in an intoxicated condition having taken liquor. The appellant Sanjay Lohar first entered his house and kicked some utensils in the house and later went outside towards the house of the deceased. Hemraj Darnal and knocked at his door. Hemraj Darnal was also outside the door of the house at the time of the occurrence. The deceased Hemraj Darnal and the appellant Sanjay Lohar got into some