R.K.MERATHIA, & D.G.R.PATNAIK, JJ. This appeal has been directed against the judgment dated 14.5.1999 passed by learned IInd Additional Sessions Judge, Khunti in Sessions Trial No. 268 of 1998 convicting the appellant under Sections 302/34 and 201 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for life for Section 302/34 and to undergo rigorous imprisonment for five years for the offence under Section 201 of the Indian Penal Code. However, the sentences were ordered to run concurrently.

2. The prosecution case, in short, was that the informant Santosh Soy (P. W. 1) lodged a written report to the effect that Markus Soy, his son of elder wife Sonmati Ramdi (P.W. 3) informed him that when he and his mother-Sonmati Ramdi (the deceased) were preparing for sleep on 30.12.1996 at about 8 to 9 P.M., the appellant and one Enam Lohra entered into the house and assaulted the deceased with fists and slaps. In the light of Dhibri, they were identified by P.W. 3. It was further said that during said assault, the deceased fell on a stone causing bleeding head injury. When P.W. 3 tried to save her, he was also assaulted by fists and slaps upon which he fell on