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 mornin