JUDGMENT :

(R. Mukhopadhyay, J.)

1. Heard Mr. Amit Kumar Tiwari, learned Amicus Curiae 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 06.06.1998 (sentence passed on 09.06.1998) passed by Shri Birendra Singh, Learned First Additional Judicial Commissioner, Khunti in S.T. No. 188/1996, whereby and whereunder the appellant has been convicted for the offence punishable under Section 302 I.P.C and has been sentenced to R.I. for life.

3. The prosecution case arises out of the Fardbayan of Mariam Guria recorded on 11.10.1995 in which it has been stated that on 10.10.1995 at about 6 p.m., the informant was collecting leaves beneath the jackfruit tree situated in front of her house when Somra Guria (appellant) and Suleman Guria came and dragged her to her house and asked about the whereabouts of her father-in-law. It has been alleged that the accused persons entered into the courtyard, caught hold of the father-in-law of the informant and assaulted him with Mungra and Lathi. The reason for the occurrence is that the wife of Somra Guria had given birth to a child two months back and in course