JUDGMENT

M. D. Bhatt, J. - This is the appeal of the accused Chanda alias Chandrabihari who, on his conviction under Section 304 Part 1 of the Indian Penal Code, has been sentenced to three years' R.I. and also to pay the fine of Rs. 1500/-, and in default of fine, to further undergo five months' R 1.

2. It is not in dispute that the appellant accused Chanda, in the early hours of the night of 26-10-77 had given a lathi blow on the head of Loli alias Ramnaresh, who, on the next day, had succumbed to the injuries. The case of the prosecution was that on the night of the earlier day i.e. on 25-10- 77, when Subhadra, the wife of Loli was all alone in the house, the appellant-accused, who clandestinely entered her house and had tried to molest her, but he could not succeed due to Subhadra's protest and cries of alarm and her immediate appraisal of the incident to some local people viz. Shambhu K achhi and Jhalla Barai. The appellant accused, on being contacted, was reported to have expressed his remorse and prayed to be excused. On the next day, Subhadra's husband came home and learnt about the incident from his wife. Loli went to the appellant-accused, who was just in neighbourhood an