Narayan Roy, J.

1. Heard Counsel for the parties.

2. The sole appellant has been convicted under Secs. 302 and 324 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life under Sec. 302, I.P.C. and also to pay a fine of Rs. 3,000.00 and for default in payment of fine, he has been directed to undergo rigorous imprisonment for one year. However, no separate sentence has been passed under Sec. 324 of the Indian Penal Code.

3. The prosecution case, briefly stated, is that on 31.10.1989 at about it is hours P.W. 8 Manohar Prasad recorded the fardbeyan of the informant P.W. 5 Mangari Mundain where she stated that at about 5 p.m. on 30th October, 1989 while she was in her house, her mother was engaged in some work in the western lane (Gali) with her younger brother Samu Mundain in her lap arm. She heard a cry of her mother and no sooner she went near her mother, she found her mother and her younger brother aged about one year lying on the ground and there the appellant Dago Munda was seen assaulting her mother and brother with a farsa. When she questioned the appellant, she was chased and was assaulted with farsa on her left arm and out of fear, she went i