1. This appeal is directed against the judgment of conviction and sentence dated 14.03.2018 passed by the Additional Sessions Judge, Gomati Judicial District, Udaipur in case no. S.T. 11(GT / A) of 2016 whereby the appellant has been convicted and sentenced to suffer rigorous imprisonment for eight year and to pay a fine of Rs. 7,000/- in default to suffer farther rigorous imprisonment for three month for committing an offence punishable under S.304 Part II of the IPC.

2. Heard Mr. Kohinoor N Bhattacharjee, learned Legal Aid counsel appearing for the appellant as well as Mr. Ratan Datta, learned PP appearing for the respondent.

3. The prosecution case, briefly stated, was launched on the basis of a complaint submitted by one Smt. Gouri Munda, stating inter alia that on 21.07.2015 at about 6.00 pm, there was an altercation between her son and the appellant and in - course of that altercation, the appellant had assaulted her son by inflicting fist, blows and kicks in his chest and belly and also pressed his throat in order to kill him. It has also been alleged that after assaulting her son, the appellant had fled away from the spot and thereafter as the condition of her son was deterio