Judgment

FAIZAN UDDIN, J.

(1) IN this appeal the appellant Akhilesh Hajam has challenged his conviction under Section 302 of the Penal Code recorded by the Sessions Judge, Rohtas, Sasaram in Sessions Trial No. 30 of 1981 for which he had been sentenced to undergo life imprisonment. The said conviction and sentence have been affirmed by Patna High court in Criminal Appeal No. 630 of 1982 decided on 30/9/1982.

(2) THE relevant facts leading to this appeal are that on 10/10/1979 at about 4.00 p.m. when Somaru Dusadh, Chowkidar of Village Dehiabad was going towards the east of Village Dehiabad and had reached near the house of one Kedar, goldsmith, he was informed by one Raja Singh that the appellant after committing the murder of his mother, sister, wife and a daughter had absconded. On receiving this information Chowkidar Somaru went to the house of the appellant where some persons had also assembled. The Chowkidar along with one Ram Dev went into the house and to his amazement he found the dead body of the mother of the appellant lying on a cot in a pool of blood in the courtyard of the house, having injury on her head. On the western side of the verandah