M. L. VISA, J.

1. This appeal by sole appellant Ram Nath Nonia is directed against the judgment and order dated 4-2-1989 passed by the Sessions Judge, Gopalganj in Sessions Trial No. 44 of 1988 convicting and sentencing the appellant to undergo R.I. for life under Sec. 302 of IPC.

2. Briefly stated the prosecution case is that on the night of 27-5-87 Jagernath Nonia, son of informant after taking meal was sleeping on a cot in a sahan (open land) situated north to the house of appellant whereas his mother, informant, (PW 3) was sleeping in the angan of her house. At about 2.00 AM in the night the informant woke up on hearing some moaning sound (in Fardbeyan, sound of cutting) and when she came out of her house she found the appellant giving a garasi (an axe) blow on the neck of her deceased son Jagernath Nonia and she further found that he had already given some more garasi blows on her son. When the informant raised alarm and tried to catch hold of appellant the appellant ran to assault her with garasi. On hulla of informant her daughter-in-law Sonia Devi alias Sita Devi (PW 1) also came there running and the appellant thereafter fled away with the garasi. The informant fou