D.G.R. Patnaik, J.

1. This appeal is directed against the judgment of conviction and sentence dated 27.9.1996 and 29.9.1996 respectively passed by the learned Sessions Judge, Godda in Sessions Trial No. 135 of 1996, whereby the appellant was convicted for the offence under Section 302 IPC and sentenced to undergo imprisonment for life. Jist of the charge for which he was put on trial, is that in the evening of 29.2.1996 in front of his house situated within village Pipra, he had inflicted fatal injuries on his cousin sister-in-law, Malti Devi (deceased), causing her death at the spot itself.

2. The prosecution case was registered on the basis of the fardbeyan (Ext.-3) of the informant Kanhai Mahto (PW3) recorded at the place of occurrence at about 10 PM on the dale of occurrence on 29.2.1996.

Case of the prosecution is that on 29.2.1996 while the informant was at his house situated within village Pipra, he saw that his mother-in-law Malti Devi (deceased) had gone to the wheat field nearby for cutting grass. Later, he saw the appellant Jugal Mahto approaching the lady at the field armed with Katta (sickle). At that time, besides the informant (PW3), his wife (PW6), his sister