JUDGMENT

By Court The sole appellant is before this Court in appeal against the judgment of conviction and sentence passed in S.T. Case No.310 of 2008 whereby and whereunder appellant has been convicted under Section 302 of the IPC.

2. Informant is the father of the deceased. As per his fardbeyan, on 13.06.2007 after days’ work, he returned at 7 O’clock in the evening. At around 8 O’clock, Yamuna Ganjhu and Raju Ganjhu of Village Lawalong and said that they will be staying there in the house, as the night had set in. Deceased- Yamuna Sao was acquainted with them therefore, he permitted them to stay at night on the cot outside the house. After about an hour or so, they went away and the informant after taking dinner, closed the door and went to sleep. At around 11 O’clock, someone knocked the door calling Yamuna Sao. At this, when the informant refused to open the door, 30 – 35 persons broke open the door and entered into the house. Among the intruders where the appellant, Krishna Yadav, who was the MCC Commander, and the two persons who had taken temporary refuge in their house at night being Yamuna Ganjhu and Raju Ganjhu. They dragged out deceased- Yamuna Sao from the haystack and h