( 1 ) THIS appeal is directed against the judgment dated 31-5-2002 passed by Shri S. W. Lepcha, learned Sessions Judge (East and North) at Gangtok in criminal Case No. 21 of 2002 convicting the appellant under Sections 302 and 201, IPC and sentencing him to life imprisonment and to pay a fine of Rs. 5. 000/- in default to undergo further imprisonment for six months under Section 302 and to undergo rigorous imprisonment for one year and to pay a fine of Rs. 1. 000/- in default to undergo further rigorous imprisonment for three months under Section 201. Both the sentences were made to run concurrently.

( 2 ) BRIEFLY stated the prosecution case is as follows :-On 11-4-2000, Shri Gigme Bhutia, the complainant and his wife left for jungle to collect fire wood and fodder leaving behind his aged mother Somti Bhutia, the deceased and his infant baby aged about 6-7 months at home. The other daughter who was aged about 7 years had also left home to attend the village school in Sang. The complainant and his wife returned home from the jungle at around 2 p. m. On returning they found the house locked and his mother the deceased absent from home. For some time, the complainant t