JUDGMENT

S. RATNAVEL PANDIAN, J.:- This appeal is preferred by the appellant, Ramdeo Rai Yadav, who was the first accused in the Sessions Trial Case No. 9/84 in the Court of 2nd Additional Sessions Judge, Darbhanga, challenging his conviction under S. 302, I.P.C. and the sentence of imprisonment for life imposed therefore.

2. Adumbrated in brief, the facts of the prosecution case are as follows :

This appellant and four other accused who all were arrayed as accused Nos. 1-5 took their trial under S. 396 of the Indian Penal Code, alternatively under S. 302, I.P.C. on the allegations that on 6-5-1983 at about 8.00 p.m. they all while attempting to commit dacoity in the house of one Santosh Kumar Pansari (PW-8) in Mohalla Senapat of Darbhanga caused the death of PW-8s brother J. Prakash Pansari.

3. On the night of the fateful day, PW-8 was in his house. His brother, the deceased herein, Munshi Dashrath Sah (PW-2) and another Munshi Arjun Sah (not examined) were also present in a room abutting the outer verandah and were checking the account books of their family firm. At that point of time, PW-8 saw two miscreants entering the verandah and taking position near the door of the outer room.