By Court : This Criminal Appeal has been directed against the judgment of conviction and order of sentence dated 21st December, 2004 and 22nd December, 2004, respectively, passed by learned Additional Sessions Judge, F.T.C., Latehar, in connection with Sessions Case No. 84/1997, corresponding to G.R. Case No.348 of 1993, arising out of Chandwa P.S. Case No.61 of 1993, whereby the appellant has been found guilty for the offence punishable under Sections 302/34, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs.2,000/, in default of making payment of fine, simple imprisonment for two months.

2. The case of the prosecution, in brief, is that on 21.08.1993, at about 9:00 p.m., informant, who happens to be wife of the deceased-Righan Singh, heard alarm raised by her husband coming out from the house of Jalia @ Jaleshwar Oraon (appellant). She reached to the place and found that appellant and his son have been causing assault to Righan Singh by means of Tangi and small stick (lathi). Thereafter, she rushed to her son and informed him about the occurrence and requested to intervene. Bhola Singh, P.W.2, son of the informant, did not dare to accompany the i