SUDHIR KUMAR KATRIAR and MADHAVENDRA SARAN JJ.

1. The sole appellant is aggrieved by the judgment dated 29.4.88, passed by the learned 3rd Additional District & Sessions Judge, Gopalganj, in Sessions Trial No. 116 of 1987/13 of 1987 (State of Bihar Vs. Bishwa Nath Singh & two others), whereby he has been convicted under Section 302 of the Indian Penal Code. The other two accused persons, namely, Janki Devi (wife of the appellant), and Malti Devi (wife of Ram Autar Singh, the other brother), have been acquitted of the charges under Section 302 read with Section 34 of the Indian Penal Code. The cases of Janki Devi and Malti Devi, therefore, do not arise for our consideration. The convicted accused hereinafter will be described as the appellant.

2. According to the Fardbeyan (Ext.1), of Girija Devi, recorded on 14.11.86, at 9 AM, at Rajiv Hospital Barauli, her husband, Maheshwar Singh deceased was in the services of the Indian Railways at Alipur Dwar, West Bengal, and was visiting his family at village Barauli. About four days ago, he had cut woods from his own tree located nearby, had prepared bundles of the same for the purpose of jalawan, and had kept the same at their darw