(1.) The appeal is directed against the judgement and order dated 10.05.1988 convicting the appellant for commission of offence punishable under section 304 Part II of the Indian Penal and sentencing him to suffer rigorous imprisonment for four years.
(2.) Prosecution case, as alleged, against the appellant is as follows :
(3.) It is alleged that on the fateful date around 10-30 a.m., the victim while proceeding down a village path towards her house was accosted by the accused persons being armed with lathis and other weapons and in course of such attack the appellant snatched a spear from the hand of Mohidul Mollick and hit her on the head from the back. She suffered a bleeding injury on the head and fell down on the spot.