Judgment :

GANGULY, J.

1. This criminal appeal has been preferred from the judgment of the High Court in Criminal Appeal (DB) No. 1338 of 2007, dated 3.9.2008, whereby the High Court upheld the judgment and order of conviction passed by the learned Additional Sessions Judge, Fast Track Court-IV, Motihari, East Champaran in Sessions Trial No. 101/16 of 2006/2007. The learned Sessions Court held the appellant guilty of criminal conspiracy for murder under sections 120B of IPC and of extortion under section 387 of IPC and sentenced him to undergo rigorous imprisonment for life and was fined for Rs.25,000/-for the offence of criminal conspiracy for murder under section 120B, in default of which he was to further undergo simple imprisonment for 1 year. He was further sentenced for seven years rigorous imprisonment under section 387 IPC and was fined Rs.5,000/-, in default of which to undergo simple imprisonment for six months.

2. The facts of the case are that the informant Shri Vikas Kumar Jha gave a fardbeyan to the effect that at about 5.00 P.M. on 23.7.2005, he had received a call on his telephone number 06252-239727, inquiring about his elder brother Shri Anil Kumar Jha. The informa