RAM NANDAN PRASAD and CHANDRA MOHAN PRASAD JJ.

1. This appeal arises out of Sessions Trial No. 596 of 1995, Tr. No. 39 of 1999 of the 3rd Additional Sessions Judge, Bhagalpur, who, vide his judgment dated 10th/20th April, 2000, convicted the appellant under Section 302 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for life.

2. The appellant is the son of informant Amola Devi (PW 3) and deceased Aghori Mandal was appellants father. The prosecution story, as set forth in the fardbeyan, which was recorded by S.I. Govindjee Singh on 17th October, 1999 at 7.30 a.m. at the house of the informant is that her son Sikandar Mandal (Appellant) and Biro Mandal (PW 4) were living separate and her (informants) younger son Subodh Mandal (PW 1) was living with her. In the preceding night, after taking meal, she (the informant) was sleeping in"a room of her house and her husband (the deceased) was sleeping in the adjacent room and her son Sufaodh Mandal (PW 4) was sleeping in another room. She further stated that in the night at about 11.00 Oclock hearing some sound, she woke up and went into the room of her husband (the deceased) and saw that her son Sikander