Narinder Singh Rao, J.

1. Mangan Rabidas, resident of village Maliachak, district Godda, the appellant, stands convicted u/s. 304 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced to undergo rigorous imprisonment for 10 years. He has also been sentenced to undergo rigorous imprisonment for two years u/s. 354 of the Code, and rigorous imprisonment for one year u/s. 323 of the Code. His sentences have been ordered to run concurrently. Feeling aggrieved, he has preferred this appeal through jail.

2. Mahendra Rabidas, the deceased, was the husband of Champa Devi P.W. Parmod Rabidas, P.W.1s their son. Their house in village Maliachak is close to that of the appellant. The house of Rajendra Rabidas (P.W. 3), Auladi Ansari (P.W. 4), Seikh Bashir (P.W. 5) and Md. Ibrahim (P.W. 8) are also nearby.

3. The prosecution version, in brief, is that since about three months before the date of occurrence (31.8.1987), the appellant had started entertaining evil designs towards Champa Devi, P.W. However, she was not responding to his advances towards her. On 31.8.1987 at about 8 A.M., when Champa Devi, was all by herself in the house, the appellant had trespassed in