Shyam Kishore Sharma and Gopal Prasad JJ.

1. This appeal has been preferred against the judgment and order dated 22.07.2003 passed by Additional Sessions Judge, Fast Track Court No. 4, Darbhanga in Sessions Trial No. 361 of 2001 whereby the Appellant who was charged under Section 302/34 of the Indian Penal Code has been convicted under Section 302 of the Indian Penal Code and has been sentenced to undergo rigorous imprisonment for life.

2. P.W.2 Dinesh Mukhiya gave his fardbeyan on 30th April, 2001 is his village before the Officer-in-charge of Kamtaul Police Station stating that in the preceding night at 9.00 P.M. his father Mahendra Mukhiya after taking meal went to have sleep at his newly constructed house. When informant went to attend the call of nature at 6.00 A.M. in the morning then he heard the voice of Mohit Ram who was raising that someone has killed his father. Upon this information, P.W.2 (informant) along with villager Lalan Thakur went to the field and found his father lying dead having injuries over his face and hand. He also reported that one Mostt. Sanjhariya Devi was married with one Narayan Mishra. Narayan Mishra before his death had executed all his la