JUDGMENT :

R. Mukhopadhyay, J.

1. Heard Mr. Suraj Kumar, learned counsel appearing for the appellant and Mr. Saket Kumar, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 12.08.1998 (sentence passed on 13.08.1998) passed by Shri R. K. Dubey, learned VIIIth Additional Judicial Commissioner, Ranchi in S.T. No. 741 of 1996, whereby and where under the appellant has been convicted for the offence under Section 302 I.P.C and has been sentenced to undergo rigorous imprisonment for life,

3. The prosecution case arises out of the Fardbayan of Ajay Kumar Mahto recorded on 15.08.1996, in which it has been stated that on 14.08.1996 in the night, the informant after having his meals, went to sleep. He did not hear any unusual sound in the night. At around 4-5 a.m., he heard a sound of wailing of his mother at which he went and found his mother crying in the courtyard and when the informant went inside the room, he saw his father lying dead on the cot in a pool of blood. The mother of the informant had disclosed to him that she had committed the murder by means of a Kudal. The reason for the occurrence is that the father of the informant used