SHYAM KISHORE SHARMA, J. -

Sole appellant Bhola Tiwary has filed this appeal against the judgment dated 29th August, 1989 passed by 3rd Additional Sessions Judge, East Champaran Motihari in Sessions Trial No. 172 of 1981/240 of 1987 convicting the appellant under Section 302 of the Indian Penal Code and sentencing him thereunder to undergo rigorous imprisonment for life and acquitting one another accused Ram Bharosh Pandey Of the charge.

2. The occurrence of the night of 2/3.05.1979 was reported to Police by one Chaukidar Sarju Raut (P.W.7) and his statement was recorded by Assistant Sub-Inspector of Police, Kesaria Police Station (not examined) wherein he has named this appellant, Ram Bharosh Pandey and one unknown. According to F.I.R., when the informant returned his home after performing his duty on 03.05.1979 at 9.00 A.M. the Bhagina (not examined) of Ramrup Choudhary informed him that somebody has killed his Mama by cutting his neck while he was sleeping. According to informant (Chaukidar P.W.7), he went to the house of Ramrup Choudhary and found him dead in the verandah. His neck was cut and blood scattered near him. The mother of the deceased Jhalo Kuwar (P.W.