I.A. Ansari, J.

By the judgment, dated 22.09.1993, passed, in Sessions Trial No. 17 of 1989, by learned 8th Additional Sessions Judge, Bhojpur, Arrah, the appellant, Jai Sao @ Ajay Sao, stands convicted under Section 302 of the Indian Penal Code. In consequence of his conviction, the appellant stands, under the order, dated 28.09.1993, sentenced to suffer imprisonment for life.

2. The case of the prosecution, as unfolded at the trial, may, in brief, be described as under:

(i) On 10th August, 1985, at about 6.45 AM, an altercation between the female members of Dinesh Prasad (since deceased), on the one hand, and accused persons, namely, Moti Sao, Lauhar Sao and Jai Sao @ Ajai Sao, on the other hand, had taken place in the lane by the side of the house of the informant, following the altercation, accused Moti Sao started abusing Debanti Kumari, sister of the informant. When the informant, Awadhesh Sah, protested, accused Lauhar Sao and Jai Sao @ Ajai Sao also arrived there and accused Moti Sah assaulted the informant with lathi. And the informant received injury on his right hand finger. Accused Lauhar Sao, then, gave two blows by lathi on the informant, one on the right shoul