C.M.Prasad, J.

1. The sole appellant Bihari Mahto @ Kubra stands convicted under Section 302, IPC, and sentenced to undergo R.I. for life and fine of Rs. 1,000/- in default of payment of fine, R.I. for six months. The appellant has also been convicted under Section 27 of the Arms Act and sentenced to undergo R.I. for 3 years and fine of R. 1,000/-, in default of payment of fine, R.I. for 6 months. However, the sentences are to run concurrently.

2. The prosecution commenced with the fardbeyan (Ext-3) of the informant Surendra Prasad (PW 8), the Son of deceased Brahmdeo Prasad Yadav. The fardbeyan was recorded by S.I. Sandhyarani Mehta of Noorasarai Police Station on the 7th August, 1998 at 9.00 a.m. at the place where the dead body was lying. The informant stated in his fardbeyan that his father (the deceased) was cultivating a 3 Katha plot of land belonging to one Hira Sah of Murarpur, Biharsharif for the last 10 years on theka. In the relevant year, he had grown jhalra crop for use as fodder for the cattle. He further stated that, that day (7.8.1998) at 8.00 a.m he (the informant) along with his father (deceased) has gone to cut the jhalra crop and after cutting the crop,