JUDGMENT :

R. Mukhopadhyay, J.

Heard Mr. Arbind Kumar, learned Amicus Curiae for the appellant and Mr. Vineet Kumar Vashistha, learned Special P. P. for the State.

2. This appeal is directed against the judgment dated 14.11.2002 passed by Sri Shri Kant Roy, learned Additional District Judge, Fast Track Court, Seraikella in S. T. No. 130 of 2002 whereby and whereunder the appellant has been convicted for the offence punishable under Section 302 of I.P.C. and has been sentenced to undergo rigorous imprisonment for life.

3. The prosecution case arises out of the Fard Beyan of Sumi Tiu recorded on 11.05.2022 in which it has been stated that on 10.05.2022 at about 11:00 P.M., the husband of the informant namely, Sadhu Tiu after having his meals was sitting at home, when her brothers-in-law namely, Dularam Tiu (appellant) and Konda Tiu came and called the husband of the informant at which he came out of the house and while sitting on the cot started conversing with them. In course of conversation, both the accused persons committed assault upon the husband of the informant with lathi at which he fell down on the ground and died. No one came to the rescue of the husband of the informant prima