Dharnidhar Jha and Rakesh Kumar JJ.

1. We have heard Shri Yogesh Chandra Verma, learned Senior counsel appearing for the appellant and Shri Ashwini Kumar Sinha, learned Additional Public Prosecutor for the State.

2. The sole appellant has challenged the judgment of conviction and order of sentence dated 6.11.2007 passed by the learned Additional Sessions Judge, Fast Track Court-Ill, Patna, in Sessions Trial Case No. 647 of 2002/ 54 of 2006 by which the appellant was convicted under Sections 302 and 201 of the Indian Penal Code and sentenced to rigorous imprisonment for life under Section 302 and rigorous imprisonment for five years under Section 201, respectively, of the Indian Penal Code.

3. Short facts of the case are that on 4.6.2001 at about 6.45 A.M. the informant Baidya Nath Singh (P.W. 1) gave his fardbeyan to S.I. B.Bhushan of Bihta Police Station disclosing that the appellant Ajay Kumar Yadav was the servant of his brother Brajnandan Singh (P.W. 6) and he was looking after his cattle. He further disclosed that due to some small matter the appellant was scolded. The appellant was also slapped for his rude behaviour and due to such assault the appellant had killed t