S.K. Agnihotri, J.

1. The instant appeal is directed against the conviction of the appellant/convict under provisions of Section 304 Part I IPC and sentencing to seven years rigorous imprisonment and a fine of Rs. 5,000/-. In default of payment of fine, the appellant/convict is to further undergo three months simple imprisonment.

2. The trial Court, on appreciation and consideration of evidences adduced by the parties and other circumstantial evidences, held that on 29.06.2014, around 2135 hours, the appellant/convict Prakash Subba assaulted the deceased Yogesh Subba on the neck with a Khukuri (M.O. IV) inflicting fatal injuries without premeditation and on sudden provocation, in heat of passion and fit of anger, which resulted into death of the deceased. It is further held that the appellant/convict was fully aware that hitting the deceased with such a weapon even without any motive or intention will cause death of a person and as such the deceased, who happened to be his son was killed by the appellant/convict, who had no intention to do it. Fatal injuries sustained by assault on the neck of the deceased were the cause of his death. Resultantly, the convict was held guilt