JUDGMENT

B.N. Agrawal, J.-The appellant-Anjlus Dungdung along with his brother Jowakim Dungdung, accused Silbestor Dungdung and Rajesh Yadav @ Raju Gowala was chargesheeted by the police. Before the commencement of trial as Jowakim Dungdung died, the other three accused persons, including the appellant, were tried and by judgment rendered by the trial court, all of them were convicted under Section 302/120B of the Penal Code. So far the appellant is concerned, he was awarded death penalty whereas other two accused persons were sentenced to imprisonment for life. All the three accused persons were further sentenced to pay a fine of Rs. 2,500/- each, in default to undergo rigorous imprisonment for a period of six months. On appeal being preferred before the High Court of Jharkhand, their conviction and sentence have been upheld.

2. The short facts are that on the basis of fardbayan of one Kajmir Kerketta-informant (PW 19) recorded on 24th November, 1998 at 5.30 p.m., a First Information Report was drawn up at Simdega police station on the same day at 10.30 p.m. against unknown persons in which it was stated that the informant was next door neighbour of Benedik Dungdung and on 23rd Nove