Heard learned counsel for the appellant Mr. Ashok Kumar Pandey as well as learned counsel for the State Mrs. Laxmi Murmu, Additional Public Prosecutor.

2. The instant Criminal Appeal has been preferred against the judgment of conviction dated 02.12.2003 and order of sentence dated 05.12.2003 passed by the learned Additional Judicial Commissioner-II, Khunti, in Sessions Trial No. 164 of 2001 arising out of Tamar P.S. Case No. 67 of 2000 dated 30.07.2000 consequent G.R. No. 400/2000 whereby the sole appellant has been convicted by the learned Trial Court under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

3. The prosecution case is based upon the fardbeyan of Jhalo Devi wife of late Dhananjay Swansi recorded by S.I. Shamim Ahmed Khan, Officer-in-Charge, Tamar on 30.07.2000 in the village at about 12.00 hours at Basukande where the informant has alleged that Madhusudhan Swansi (appellant) and her husband Dhananjay Swansi were good friends since long. Yesterday (Saturday) 29.07.2000 at around 5.00 P.M. her husband along with co-villager Budhan Lala Machhua went to search the labourers for sowing crop and did not returned. At aro