M.L.Visa, J.

1. The sole appellant of this appeal is aggrieved by the judgment and order dated 20.7.1987 passed by 4th Additional Sessions Judge. Bhagalpur in Sessions Case No. 241 of 1981/4 of 1986 convicting him under Secs. 302/109 of Indian Penal Code (in short Indian Penal Code, 1860 ) and 302/34, Indian Penal Code, 1860 and sentencing him to undergo rigorous imprisonment for life for the offence under Secs. 302/109, Indian Penal Code, 1860 . No separate sentence has been passed against the appellant for the offence under Sections 302/34, Indian Penal Code, 1860 .

2. The case of the prosecution, as stated in FIR in short is that on 14.9.1978 at about 8 p.m., the informant Jamaluddin (PW 11) alongwith Riazat AN Haider, the deceased, boarded a local train at Bhagalpur Railway station for coming to Pirpainty. They both entered a second class compartment in which they sat on their seats in from of each other. When, the train reached Kahalgaon Railway station, about 20.25 passengers entered the compartment. When the train was to reach Shivnarayanpur Railway Station, all of a sudden, two persons, entered the compartment from its eastern gate and they came near the deceased R