JUDGMENT :

Shree Chandrashekhar, J.

The sole appellant has been charged for murder of Dulal Chandra Saha. In Sessions Case No. 412 of 1990, he has been convicted under section 302 and 379 IPC and sentenced to R.I. for life under section 302 IPC and R.I. for 3 years under section 379 IPC.

2. By an order dated 24.12.1993, the appellant was granted bail by this Court.

3. The case of the prosecution is narrated by Nimai Chandra Saha in his fardbeyan recorded on 17.03.1990, on the basis of which Raneshwar (Tongra) P.S. case under section 302/201/379 IPC was registered. The informant has alleged that on 16.03.1990 Dulal Chandra Saha returned home from Raj Nagar market at about 5 p.m. and till about 8-9 p.m. he was wandering in the village. Thereafter, he went towards the house of Chandan Murmu in Manjhi Tola; Dulal Chandra Saha had illicit relationship with the daughter of Chandan Murmu. The informant has claimed that the co-villagers namely, Madhusudan Mandal and Bhagirath Gorai who had gone for their own work to Manjhi Tola informed him that his brother namely, Dulal Chandra Saha has been seen eating and drinking with Gangadhar Hansda at the door of Chandan Murmu. On 17.03.1990 the informa