D.P.S.Choudhary and M.L.Visa JJ.

1. The sole appellant has been convicted under Secs. 364 and 302/34, I.P.C. and sentenced to seven years rigorous imprisonment and imprisonment for life respectively, by the 7th Addl. Sessions Judge, Munger, vide his order dated 11th January, 1996, in Sessions case No. 383/91. Accused-appellant Medo Manjhi and co-accused Tejo Manjhi were facing trial before the Court below, but subsequently, since Tajo Manjhi absconded, his trial was separated.

2. The prosecution case, in brief is that the informant Babulal Manjhi, P.W. 1, in his fardbeyan, Ext. 2, recorded on 21-1-90, at 12 noon by the Officer-Incharge, Dharahra Police Station, district Munger, -stated that on 20/21-1-90, at about 12 in the night, while he was sleeping in his house, appellant Medo Manjhi and accused Tejo Manjhi came to the house and started awakening his son Suresh Manjhi, the deceased. They asked his son to return back the wrist watch, which he had stolen earlier. Suresh Manjhi denied and stated that he had not stolen any wrist watch. Thereupon, an altercation took place and the informant intervened and defended his son. Thereafter, both the accused-persons left the place