S.H.S.Abidi, J.

1. Appellant Thakur Mahto alias Umesh Mahto has preferred this appeal against his conviction u/s. 302 of the Indian Penal Code and sentence to undergo rigorous imprisonment for life.

2. On 7-8-1970 at about 8-30 P.M. Md. Ishaque Mian (who died during the trial) gave fardbeyan (Ext. 2) to R.D. Singh, A.S.I. Lauriya police station to the effect that his son Jarban Mian was working as domestic servant in the house of Raj Chhatri Mahto for the last 12 years. I Last night, Jarban Mian, after taking meat and chura went to the house of his master for sleeping as usual. Near the house of Raj Chhati Mahlo there was Brahamsthan where jhirki a kind of play, was going on as it was a Mahahanjnanda day. At about 12 in the night, he went to sleep after participating in the play. In the next morning, he got information from one Jhingur Dusadh (not examined) that his son was lying dead in the cow-shed (bhuswal) of his master, so he and his wife went there and found Jarban Mian dead. There the mother of Rajchhatri Mahto told them that he might here died of snake biting, as in the late evening, the victim had told her that when he had gone to take out fodder for the cattle, he