Vishnudeo Narayan, J.

1. The sole appellant named above has preferred this appeal against the impugned judgment and order dated 22.12.1998 and 23.12.1998 respectively passed in S.T. No. 279 of 1996 by Shri Dhruv Narain Upadhyay, 1st Additional Sessions Judge, Giridih whereby and whereunder the appellant was found guilty for the offence punishable under Section 302/34 of the Indian Penal Code and he was convicted and sentenced to undergo R.I. for life and to pay a fine of Rs. 500/-and in default thereof to undergo S.I. for one month. However, the appellant was acquitted for the offence punishable under Sections 3 and 4 of the Explosive Substance Act and also for the offence under Section 25(1B) and 27 of the Arms Act.

2. The prosecution case has arisen on the basis of fardbeyan (Ext-7) of PW 8 Gango Sao, the informant and brother of Hublal Sao the deceased of this case, recorded by PW 12 Nasirudin Khan S.I. who is the I.O. of this case on 16.06.1996 at about 22.00 hours at village Phucho Nagri P.S. Nimiaghat, District Giridih regarding the occurrence which is said to have taken place on that very day at 7.00 p.m. on the village road in front of the house of the deceased. The formal FIR (Ext. 9) was drawn on 16.06.1996 at 23.45 hours and the FIR was dispatched to the Court empowered to take cognizance on 17.06.1996 and it was received in the said Court on 18.06.1996.

3. The prosecution case, in brief, is that PW 8, the informant along with his nephews PW 1. Bhuneshwar Sao and PW 6 Kailash Sao besides his neighbour PW 3. Tulsi Sao along with the deceased Hublal Sao besides the female inmates of the house was sitting in front of the house of the deceased and at about 7.00 oclock in the evening appellant Ruplal Sao and his son Buchua Sao (an absconding co-accused) who are the residents of village Phucho Nagri along with one unknown person came there and the appellant Ruplal Sao told pointing the deceased that he is to be killed and the appellant and the aforesaid two persons assaulted Hublal Sao by bomb and pistol causing injury on the face, chest and other places on his person and he fell down there and, thereafter, they all assaulted him by dagger as a result of which he died on the village road, it is also alleged that the appellant and his two associates aforesaid had hurled four bombs. It is also alleged that the informant and others have witnessed the occurrence also from the roof and some other persons besides them have also witnessed the occurrence. It is further alleged that the appellants and his two associates had gone to Barora in search of the deceased on the last Saturday as the deceased is an employee of B.C.C.L. and resides in quarter No. 252 at Barora and on the last Wednesday they in the company of the wife of the appellant were also found moving in the vicinity of the house of the deceased. It is also alleged that a country made pistol was also found near the place where the deceased had fallen and died. The prosecution case further is that there was dispute between the deceased and the appellant regarding the house for the last five months of the occurrence and the appellant had intimidated the deceased to be done to death and due to this the appellant has been murdered. Exts. 3 and 3/1 are the signatures of PW 8. Gango Sao and PW 7. Tahal Sao on the fardbeyan (Ext. 7).

4. The appellant has pleaded not guilty to the charges levelled against him and he claims himself to be innocent and to have committed no offence and that he had been falsely implicated in this case due to enmity. The appellant has also taken the defence of alibi in this case and in support thereof D.W. 1 Md. Safuddin has taken oath.

5. The prosecution has in all examined 12 witnesses to substantiate the charges leveled against the appellant. PW 8, Gango Sao is the informant of this case and he is the full brother of the deceased. PWs 5, 6, 1, 4, 3 and 2 besides PW 8 claims to be the ocular witness of the occurrence. PW 5 Sonia Devi is the wid