The instant Criminal Appeal has been preferred against the judgment of conviction dated 12.02.2004 and order of sentence, dated 13.02.2004, passed by learned Additional Sessions Judge, Fast Track Court No. V, Jamshedpur, East Singhbum, in Sessions Trial No. 6 of 2003, whereby the sole appellant has been found guilty and convicted for the offence committed and punishable under Section 304 Part II of the Indian Penal Code and awarded rigorous imprisonment for seven years.

2. The prosecution case is based upon the written report submitted by the informant Jihur Singh (P.W. 6), before the Officer-in-Charge, Patamda Police Station in the district of East Singhbhum on 06.11.2002, alleging therein that on 06.11.2002 at around 8.00 A.M. when he was going to his field, he saw a number of people assembled near the house of his cousin Mohan Singh, upon which the informant went to the house of his cousin Mohan Singh and saw that his cousin was lying on the cot in unconscious condition and blood was oozing from his head. It is stated that when the informant enquired the same from the wife of his cousin Kanta Bala Singh, she disclosed that her husband has returned home on 05.11.2002 at