S.B.SINHA and R.N.SAHAY JJ.

1. This criminal appeal is directed against the judgment of cbnviction and sentence, dated 30th June, 1988 passed by Sri Manoharlal Visa, 2nd Additional Sessions Judge, Giridih, in Sessions Trial No. 48/87 whereby and whereunder the said learned Court convicted the appellant for commission of an offence under Section 302 of the Indian Penal Code for causing death of Mani Kamar (father of the informant) as also for attempting to cause death of Akli Debi (mother of of the informant). The appellant happens to be nephew of the deceased.

2. Kokilchand Kamar (P.W. 11), the informant of this case, gave a fardbayan which was recorded at 10.30 hours on 28-9-1986 at Ratidih by the Officer-in-charge of Nimiaghat Police Station. He alleged that at 7.30 A.M. on that date while he was washing his face near a well in his house situated at village Nagri, the accused came there armed with a Bhakua with a view to assault him saying that he would kill him and his family members as allegedly they had engaged ghost and witch for doing away with the accused; whereupon he ran towards the north of his village raising alarm and in order to save himself entered into the h