P.N.Yadav, J.

1. This appeal is directed against the judgment and order dated 19th and 23rd June, 2000 passed by Sri Nageshwar Prasad, Ist Additional Sessions Judge, Araria in Sessions Trial No. 691 of 1998 whereby and whereunder he convicted the appellant under Sections 365 and 366 of the Indian Penal Code (hereinafter referred to as the Code) and sentenced him to undergo rigorous imprisonment for seven years and to pay a fine of Rs. 5,000/- under Section 366 and to undergo rigorous imprisonment for five years and to pay a fine of Rs. 3,000/- under Section 365 of the Code and in default of payment of fine, he was to undergo simple imprisonment for four months, both the sentences having been ordered to run concurrently.

2. The prosecution case as unfolded in the FIR and the evidence of the prosecution witnesses lay within narrow compass. In the morning on 29th December, 1997, the victim Dukhni Devi (PW 4) was cooking bread. Just then Ramesh Risideo, who was also made accused in the case entered into her house, went to her, took a bread and ate 1/2 of the bread and gave the remaining half portion to PW 4. The victim was at that time alone in her house. Ramesh Risideo asked h