SHYAM K1SHORE SHARMA and DINESH KUMAR SINGH JJ.

1. The sole appellant has challenged the judgment and order of conviction and sentence dated 24th of June, 1988 passed by Shri Kashi Nath Roy, learned 6th Additional Sessions Judge, Bhagalpur in Sessions Trial No. 273 of 1985 whereby and where- under the appellant has been guilty for the offence under Sections 302/34, 364/34 and 201/34 of the Indian Penal Code, convicted accordingly and sentenced to undergo rigorous imprisonment for life under Sections 302/34, rigorous imprisonment for ten years under Sections 364/34 and rigorous imprisonment for two years under Sections 201/34 of the Indian Penal Code. However, all the sentences were directed to run concurrently.

2. The prosecution case started rolling with the fardbeyan of Prayag Mandal PW 10 recorded by the S.I. Arvind Singh PW 3 of Mahagama Police Station on 6.1.1984 at 11 a.m. in presence of Satya Narain Singh, Amrendra Kumar Singh and Gopal Prasad Singh (all not examined) to the effect that on 5.1.1984 Gopal Mandal (dead), Jugal Paswan (present appellant) took Baboo Lal Mandal (deceased) to Murhan Hat and therefrom to Telwara for purchasing ox. On 6.1.1984 in the morning Gopal Mandal and Jugal Paswan came back to the village. When the informant and others inquired about Baboo Lal Mandal (deceased) then both of them replied that victim never went with them and suggested that victim might had gone to participate in some feast. Thereupon the informant and other villagers started assaulting the present appellant and Gopal Mandal. Then both of them disclosed that Baboo Lal Mandal has been killed and his dead body has been thrown near Hanwara Ghat. Thereafter both the accused persons were taken to Sabour police station by the local chow kidar and few villagers. Thereafter, the informant and others went to locate the dead body and on location of the dead body, it was identified to be of Baboo Lal Mandal. It is further alleged that in the Murhan Hat area, Ganga Keshri and Sant Lal Yadav (both not examined) and others saw the two accused persons in the company of the deceased. Hence, it was claimed by the informant that both the two accused persons by throttling killed the informants nephew but the two accused have not disclosed the name of their other two associates. On the basis of the aforesaid Jardbeyan (Ext. 1), Sabour P.S. Case No 8 of 1984 was registered under Sections 364/302/34 of the Indian Penal Code on 7.1.1984 at 8 p.m.

3. The police after investigation, submitted charge-sheet against the two accused persons Gopal Mandal and Jugal Paswan. Subsequently, the cognizance was taken and the case was committed to the Court of Sessions where the charges were framed under Sections 302/34, 364/34 and 201/34 of the Indian Penal Code.

4. The prosecution in order to substantiate the charges examined altogether 12 witnesses, of which PW 1 Gulabi Mandal (father of the deceased), PW 2 Indu Devi (wife of the deceased), PW 3 Arvind Singh police officer posted at the relevant time in Mahagama police station who went to seize the dead body on the information supplied by the chowkidar Ashwini Kumar Das (not examined). PW 4 Arjun Mandal is a witness only to the alleged extra-judicial confessed. PW 5 Girdhari Mandal has been tendered, who happens to be the brother of the deceased, PW 6 Kuldeep Prasad Singh is the mukhiya of the Gram Panchayat to whom the appellant confession. PW 7 Shanti Yadav has not supported the factum of ever seeing the deceased in the company of the accused prior to the occurrence, hence, he has been declared hostile. PW 8 Kaloo Murmu is a formal witness who has proved the signature of Ainul Khan, writer constable on Sanha Diary Entry No. 110 of 1984 dated 6.1.1984 (Ext. 4). PW 9 Dr. B.P. Singh who conducted the autopsy over the dead body of Baboo Lal Mandal on 8.1.1984. PW 10 Prayag Mandal is the uncle of the deceased and the informant who claims himself to be witness of extra-judicial confession, last seen and