JUDGMENT :

Sujit Narayan Prasad, J.

Prayer:

1. The instant appeal has been filed under Section 374 (2) of the Code of Criminal Procedure against the judgment of conviction dated 22^nd April, 1998 and order of sentence dated 24^th April, 1998, passed by learned 1^st Additional District & Sessions Judge, Godda in Sessions Trial No.33 of 1997/19 of 1997, by which the appellant has been convicted and sentenced to imprisonment for life for the offence under Section 302 IPC and further sentenced to under rigorous imprisonment for 7 years under Section 201 . Both the sentences are directed to run concurrently.

Prosecution Case:

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case.

3. The case has been lodged by P.W. 2, Champa Devi [informant] the wife of the deceased. She reported on 04- 05-1996 that on 03-05-1996, her she-goat was missing. She made search, but could not find out. In the evening the deceased who was her husband came after labour. She informed him that the she-goat was missing. Then her husband went to search out the said she-go