( 1 ) THIS appeal is directed against the judgment and order dated 30th september, 2004 passed by the learned Sessions Judge, South and West at Namchi convicting the accused-appellant under Section 302 of the Indian Penal Code and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 10. 000/-

( 2 ) THE facts of the case as set out in the prosecution story brings to light a sad and shocking incident of a son (accused-appellant) killing his own father (deceased) in a small village called 'malbasay' in West sikkim. The backdrop against which the whole tragic episode took place is as follows : the deceased Tika Ram Karki was a resident of a small village in West Sikkim called 'malbasay'. He was born and brought up in the same village and was living there with his family. He had married three wives and at the relevant time he had twelve sons and three daughters. All the sons and daughters, except the accused-appellant Yogesh karki, the youngest of the sons from Smt. Bal Kumari Karki, the second wife of the deceased, had been married. The deceased owned two plots of land one dry field measuring 2. 2180 hectares at malbasay Busty and one paddy field meas