RAKESH KUMAR, J.

1. The present appeal was preferred by sole appellant under Section 374(2) r/w Section 389(1) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") against judgment of conviction and sentence passed in Sessions Trial No. 180 of 2012/25 of 2012 by Sri Ram Shankar Singh, learned Adhoc Additional Sessions Judge 3rd, Sitamarhi (hereinafter referred to as 'Trial Judge'). By judgment dated 20-03-2013, the learned Trial Judge has convicted the appellant for commission of offence under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as 'I.P.C.') and by order dated 22-03-2013 for commission of offence under Section 302 of the I.P.C., the appellant was sentenced to undergo rigorous imprisonment for life and to pay a fine of Rs. 10,000/- (ten thousand). In default of payment of fine, he was directed to further undergo rigorous imprisonment for one year.

2. Short fact of the case is that on 29-09-2011 at 00.30 hrs., one Sub-Inspector of Riga Police Station namely Sri Dhiraj Kumar Singh (not examined) recorded fardbeyan of Chulhai Ray (P.W.3) aged about 20 years son of Ram Bharos Ray (deceased) of village Basantpur Pakdi, P.S