JUDGMENT

RANJAN GOGOI, J.

1. The accused appellant had been convicted by the learned trial Court for the offence punishable under Section 302 read with Section 34 IPC and has been sentenced to undergo rigorous imprisonment for life and a fine of Rs.2,000/-, in default, to suffer rigorous imprisonment for a period of two months more. He has also been convicted under Section 411 IPC and sentenced to undergo rigorous imprisonment for one year. Both the sentences were directed to run concurrently. In appeal, while the conviction under Section 302 IPC has been maintained along with sentence imposed, the conviction under Section 411 IPC has been set aside. Instead, the accused appellant has been convicted for commission of offence punishable under Section 392 IPC and sentenced to undergo rigorous imprisonment for one year for commission of the said offence. Aggrieved, this appeal has been filed.

2. We have heard the learned counsels for the parties.

3. The entire case of the prosecution is based on circumstantial evidence. P.W.5 – Ombir Singh, the husband of the deceased in his deposition has stated that he resides with his wife, three children, his sister Raj Bala (P.W.9) and niece Sarvesh