JUDGMENT

Dr. Mukundakam Sharma, J.—

1. By this appeal, the present appellant seeks to challenge the judgment and order dated 20.05.2004 passed by the Patna High Court, whereby the High Court upheld the conviction and sentence passed against the appellant by the trial Court. The trial Court had by its judgment dated 24.07.2000 and order dated 25.07.2000 convicted the appellant and sentenced him to undergo imprisonment for life under Section 302 read with Section 34, RI for a period of seven years under Section 326 read with Section 34, RI for a period of three years under Section 452 and RI for a period of three years under Section 324 IPC.

2. The facts necessary for the disposal of the present appeal and as presented by the prosecution may be set out at this stage. On 14.07.1996 at 6 a.m., Shrikant Mahto, brother-in-law of the deceased (PW-7) gave a fard-e-bayan to the Assistant Sub-Inspector of Police wherein he stated that on 13.07.1996 after having his supper, he had gone to sleep at his darwaza (open space in front of the house). Pramila Devi, the deceased was sleeping inside the house with her son Sonu Mahto. At about 2.30 in the night, PW-7 woke up on hearing the cries of th