Ghanshyam Prasad, J.

1. The sole appellant, Diwali Mahto has preferred this appeal against the conviction and sentence dated 28th January, 1988 passed by the First Additional Sessions Judge, Patna in Sessions Trial No. 658 of 1985 by which the sole appellant has been convicted under Sections 302/201 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life under Sec. 302 of the Indian Penal Code and rigorous imprisonment for three years under Section 201 of the Indian Penal Code and both the sentences were directed to run concurrently.

2. This appellant has been tried along with three other accused persons for the offences under Sections 328, 302, 201/34 of the Indian Penal Code. However, except this appellant other three accused persons have been acquitted and this appellant has also been acquitted of the charges under Sec. 328 of the Indian Penal Code for administering poison.

3. The informant Sadho Mahto PW 7 is the father-in-law of the appellant Diwali Mahto. The marriage of the appellant took place with the victim Munni Devi in the month of July 1981 and a son was also born out of their wedlock. The other accused persons who have been ac