Judgment :

Vikramajit Sen, J.

1. The endeavour in these Appeals is to set aside the impugned Judgment dated 22nd November, 2011 of the Division Bench of the Jharkhand High Court which had concluded that the facts of the case have brought to light the commission of the rarest of rare offence under Section 302 of the Indian Penal Code warranting the passing of the death sentence. The impugned Judgment also upholds the sentence in the context of the facts which we shall presently detail under Section 201 of the IPC. The Appeals attempt to dislodge concurrent findings of facts as well as of the sentence passed by both the Courts below.

2. The case of the prosecution is to be found in fardbeyan recorded by Sunil Munda on 14.12.2008. It narrates that the deceased Pushpa Devi along with her two children, Deepika Kumari then aged 8 years and Sudarshan Munda then aged 6 years were living at village Kutmu on the death of her husband late Dilip Kumar Munda, who died while in the service of the Indian Army. Pushpa and her children were initially living as tenants in the house of Sukru Oraon (PW4). It appears that Pushpa had entrusted the construction of a house on a plot in her ownership to Al