JUDGMENT :

1. In this appeal, sole appellant Tilu Mahto has assailed the judgment of conviction dated 17.09.1994 and order of sentence dated 19.09.1994 passed by Sri Satyendra Kumar Gupta, learned 3rd Addl. Sessions Judge, Hazaribag, in Sessions Trial No. 97 of 1992, arising out of Mandu (Kuju) P.S. Case No. 03 of 1992 dated 01.01.1992, G.R. No.19 of 1992, whereby the learned 3rd Addl. Sessions Judge, Hazaribagh has convicted the appellant under Section 302/34 of the Indian Penal Code, 1860 and sentenced him to undergo imprisonment for life.

2. Prosecution case, in short, is that the informant Jagdish Munda got his statement recorded before the police on 02.01.1992 stating that on 01.01.1992 his brother Sanichar Munda had gone to Karma Kiari near CCL Office where he met the appellant. The appellant asked for his due money from his brother on which there was some exchange of words but after a while the matter subsided and at about 10.00 hours daytime, they both went to Khira Bera Basti and took wine and thereafter returned to the hotel of the appellant. In the hotel, they got eggs prepared and they along with one unknown person sat together in the nearby nursery of the jungle for taki