JUDGMENT :

RAJESH BINDAL, J.

1. The appellant was convicted under Sections 302 and 376 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) by the Trial Court and punishment of death penalty along with fine was imposed. As he had been awarded death sentence, the matter was referred to the High Court of Jharkhand at Ranchi for confirmation. Simultaneously, the appellant also filed appeal challenging his conviction and sentence. Both were heard together. The Division Bench of the High Court while upholding conviction of the appellant, modified the sentence. The death sentence was commuted into life sentence and it was directed that the appellant shall remain in jail for whole of his biological life, without any benefit of remission. Aggrieved by the judgment of the High Court, the appellant has filed the present appeal.

2. The facts of the case, as are evident from the order passed by the High Court, are that a complaint was lodged by informant, Bikash Kumar Mandal (PW-5), brother of the deceased girl (aged about 14 years at the time of incident), about an incident which took place at village Rangamati, Raja Basti, near Kali Temple, P.S. Baliapur, District Dhanbad on 3.11.200