JUDGMENT :

SUJIT NARAYAN PRASAD, J.

The instant appeal has been filed under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 25th March, 1994, passed by learned Additional Sessions Judge, Simdega, in Sessions Trial No. 26 of 1993, by which the appellant was found guilty and convicted for the offence punishable under Section 302 of the Penal Code, 1860 and was sentenced to undergo imprisonment for life for the offence punishable under Section 302 of the Penal Code, 1860.

2. As per fardbeyan of the informant, recorded on 15.08.1992 at 10.00 a.m. (day) before the Bara Babu (Head Clerk) of Bolwa Police Station, the prosecution case in brief, is that:

In the night of 14.08.1992 at about 10.00-11.00 p.m. the informant-Fulkeria Kullu was talking with her husband-Tanis Dungdung (deceased) (35-36 years) in their house. In the meantime, their niece son - Michael Dungdung (accused) (27 years) was quarreling with his wife-Magdhali Kerketta in their house. Whereupon, her niece Bahuria (daughter-in-law)-Magdhali Kerketta and their niece boy-Michael Dungdung, stating Kaka-Kaka (uncle) to Tanis Dungdung (deceased) and when her husband inte