JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Ms. Sharon Kerketta, learned amicus curiae for the appellant and Mrs. Priya Shrestha, learned Spl. P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 22-07-1998 passed by Shri R. P. Verma, learned Sessions Judge, Godda, in S.T. No.108/97 whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302/34 IPC and has been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Babu Hansda, recorded on 30-01-1997, in which it has been stated that the informant along with his mother were going to Kero Bazar on 29-01-1997 at 3:00P.M. with the informant just ahead of his mother, who was following him. It has been alleged that as the informant and his mother crossed the door of Anant Lal Hansda (appellant), he gave a blow with a Kulhari upon the mother of the informant who fell down and, in the meantime, Tala Babu Hansda assaulted her with a Kulhari while Ram Charan Hansda gave a lathi blow upon the mother of the informant. When the informant was making efforts to save his mother, Anant Lal Hansda exhorted his compan