(1.) The appellant, Md. Aminur Islam impugns the Judgement and Order 09.01.2014 passed by learned Adhoc Judge, Fast Track Court, Tura, in Sessions case No. 11 of 2010, whereby the appellant/accused was held guilty for committing the offence under Section-304 of the Indian Penal Code (in short IPC) and order dated 15.01.2014 whereby the appellant/accused was sentenced to undergo rigorous imprisonment for a period of five years and to pay fine of Rs. 2,000/- and in default of payment of fine to undergo simple imprisonment for 6 months for the offence under Section-304 (Part-II) IPC.
(2.) Shorn of unnecessary details, the prosecution case as reflected in the charge sheet is as under:-
(3.) On 21.07.2015 FIR was recorded by Md. Jamsher Ali (Son of the deceased), younger brother of the appellant/accused that his elder brother (accused) has given a blow to his father, aged 75 years old, on his chest at his residence due to which his father fell down on the ground and died at the spot. The accused/appellant fled away from the house just after the incident.