Shib Sadhan Sadhu, J.

1) The instant appeal has been preferred by the Appellant/Convict Hopna Soren being aggrieved by and dissatisfied with the Judgment and order of conviction passed by the Ld. Sessions Judge, Malda in Session Case No.101 of 1998(Sessions Trial No.47 of 2001) on 20.07.2002 holding the appellant/convict guilty and thereby convicting him for committing an offence punishable Under Section 302 IPC and sentencing him to suffer imprisonment for life and to pay a fine of Rs.500/-, in default R.I. for five months more.

2) A brief resume of the prosecution case emerging from the F.I.R. and evidence is that on 24.04.1991 at about 8.30 A.M. while the defacto complainant Lakshmiram Tudu was constructing his room’s wall, his co-villager Kulen Roy reported to him that Hopna Soren, son of Late Gobi Soren had assaulted Maiku Murmu, wife of Changu Soren. He then went to the place of occurrence along with Kulen and saw that Maiku Soren was lying on the ground in a pool of blood near the well in front of the house of Khokan Roy. Blood was oozing out from her forehead and nose. They then called the villagers and arranged for shifting the injured to hospital for treatment. In t