JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Pankaj Verma, learned counsel for the appellant and Mrs. Vandana Bharti, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 22-06-1996 (sentence passed on 26-06-1996) passed by Smt. Shakuntala Sinha, learned Additional Judicial Commissioner, Khunti, in S.T. No. 31/94 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 written report of Gopal Pahan, in which it has been stated that on 05-07-1993, at 10:00 PM, he was having food in his house, at which point of time, Philip Munda, Danial Munda, Muskalan Munda and Joseph Munda (appellant) came to his house and when the informant came out from his house, he was assaulted by the accused persons with danda and when the father of the informant came out to save him, he was also assaulted with tangi, knife and danda as a result of which, he died. When on hearing the commotion, one villager Mao Pahan had come, he was also subjected to assault. Based on the aforesaid allegations, Rani