Mridula Mishra, J.

1. The appellant has filed this criminal appeal against the judgment and order dated 21.6.2001/22.6.2001 passed by Vth Additional Sessions Judge, Begusarai in Sessions Trial No. 204 of 2000 whereby and whereunder he has been convicted under sec. 302/34 of the Indian Penal Code and sentenced to rigorous imprisonment for life.

2. The prosecution case in brief as given out in the fardbeyan of Rajo Singh alias Rajendra Singh before the Officer-in-Charge, Begusarai police station on 12.8.1999 at about 6a.m. in the morning is that in the night of 11.8.1999 he along with his son Vinod Kumar Singh was sleeping in the verandah of his newly constructed house after taking meal. At about 2 O clock he woke up hearing the sound of foot steps and in the electric light saw Arbind Singh and Bhola Singh both armed with pistol coming towards him. Bhola Singh put his pistol on his chest and asked Arbind Singh to kill his son Vinod Kumar Singh. On such instigation Arbind Singh opened fire which hit Vinod Kumar Singh and he died at the spot. On hearing the sound of firing and alarm raised by him Ram Chandra Singh, who was sleeping in that room and other family members came the