JUDGMENT :

1. Heard Ms. Madhulika Dasgupta assisted by Mrs. Jasvinder Mazumdar, learned counsels for the appellant and Mr. Shekhar Sinha, learned Additional Public Prosecutor appearing for the State.

2. The instant Criminal appeal is directed against the judgment of conviction dated 5th January, 2004 and the order of sentence dated 6th January, 2004, passed by the learned Additional District and Sessions Judge-VIII, Dhanbad, in Sessions Trial No.229 of 1989, whereby the sole appellant, Uttam Mahato has been convicted for the offence committed and punishable under Section 304 Part II read with Section 34 of the Indian Penal Code and awarded rigorous imprisonment for 5 years and also a fine amount of Rs.1,000/-and in default of payment of fine, to further undergo simple imprisonment for three months.

3. The prosecution case is based upon ‘fardbeyan’ of the informant, Jhari Mahto (P.W.1) recorded by the Police officer, wherein, the informant has alleged that at around 7.00 p.m. in the night on 04.09.1984, while his uncle, Daso Mahto was returning with his rickshaw to his house and as soon as he reached near the house of Somar Mahto, the informant saw some thorns on his way. Then Daso Mah