1. Heard learned counsel for the appellant and also learned counsel for the State.

2. The sole appellant has been convicted under Secs. 306 and 201 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for five years under Sec. 306 and two years under Sec. 201 of the Indian Penal Code. However, both the sentences were directed to run concurrently.

3. It appears that the appellant along with Bindeshwar Mandal and Lakhan Mandal were put on trial for an offence under Secs. 302/34 and 201 of the Indian Penal Code and besides Secs. 302/34, 201 of the Indian Penal Code no charge was framed under other heads. The learned trial Court, however, has acquitted all the accused persons including the appellants under Secs. 302/34 as there was no evidence to prove the charge but convicted the appellant alone under Secs. 306 and 201 of the Indian Penal Code.

4. The prosecution case, as disclosed in the fardbayan (Exhibit-1), is that the sister of the informant, Chita Devi, who was married with the appellant, was burnt to death in the night of 27th and 28th of June, 1986 by the appellant and his brothers by sprinkling kerosene oil on her body. In the fardbayan the informan