JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. D.K. Chakraverty, learned counsel for the appellant and Mr. Satish Prasad, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 29-05-1999 (sentence passed on 31- 05-1999) passed by Sri Raj Narain Prasad Singh, learned First Additional Sessions Judge, Dhanbad, in S.T. No. 259/1991, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 304 Part I IPC and has been sentenced to undergo imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Chathu Mahato recorded on 25-09-1990, in which it has been stated that in the night of 24/25-09-1990 at around 2:30AM, the informant was in the veranda along with his wife, Chandrawati Devi, administering medicines to their one-year-old child, Pinku and their daughter was also present when Arjun Kumar Verma (appellant) entered into the house and by using abusive language, wanted the informant to come out. When the informant gave out his identity, the accused wanted to know about the landlord of the informant and by once again abusing the informant, dared him to come out. It has been alle