Samapti Chatterjee, J.

The instant appeal is directed against the Judgment and Order of conviction passed in Sessions Trial being No. 5 of 1998 passed by the Learned Additional Sessions Judge, 1st Court, Purulia on 29th day of April, 2003 and 30th day of April, 2003 holding the accused/appellant guilty of offence punishable under Sections 302/323 of the Indian Penal Code to suffer rigorous imprisonment for life with a fine of Rs. 1000/- only, in default, to suffer further rigorous imprisonment for one year for commission of the offence punishable under Section 302 of the Indian Penal Code. He was also convicted and sentenced to suffer rigorous imprisonment for one year for commission of the offence punishable under Section 323 of the Indian Penal Code. It was also ordered that both the sentences shall run concurrently.

2. Briefly, the prosecution case runs as under:-

3. On 10.09.1993 the informant - Pasupati Mahato had been to his cauli-flower field in the morning and was engaged in drainage operation of the accumulated water therein and at about 7:00 A.M. one Satrughna Mahato, a resident of vill. Nowadi, came there and told that Krishna Pada Mahato fired at his brother - Ra