Heard the parties.

2. This criminal appeal has been directed against the judgment of conviction and order of Sentence dated 28.04.2004 and 30.04.2004 respectively, passed by the Additional Sessions Judge, F.T.C. No. IV, Dhanbad in Sessions Trial No. 111 of 1999 corresponding to Dhanbad Sadar (Govindpur) P.S. Case No. 260/1993 [G.R. No. 3731/1993] whereby the appellant has been held guilty for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and also to pay fine of Rs. 1,000/- in default of making payment of fine further imprisonment for three months.

3. The prosecution case, as it appear from fardbeyan of Draupadi Devi recorded on 08.10.1993 at 4:30 hrs. in brief is that the informant with her husband Gopal Chandra Mahato was sleeping in a room. At about 1:00 a.m. the informant noticed some noise and woke up. In the light she had seen appellant Babaji inflicting blows by means of sharp cutting weapon (busula mainly used by carpenters) to her husband Gopal Chandra Mahato. The informant tried to rescue but could not succeed. The appellant, after causing injury, sealed over and fled away. On hulla, mother-in-law and other re