Arvind Srivastava, J.

Heard Sri Bakshi S.R.P. Sinha, learned senior counsel, assisted by Sri Praveen Kumar Agrawal, learned counsel for the appellant and Sri Ajay Mishra, learned Additional Public Prosecutor.

2. This appeal has been filed against the judgment of conviction dated 30.03.2013 and order of sentence dated 02.04.2013, passed by Sri Housila Prasad Tripathi, Adhoc, Additional Sessions Judge-II, Katihar in Sessions Trial No. 226 of 2011, arising out of Katihar (Mufassil) P.S. Case No. 62 of 2009, whereby the appellant has been convicted under section 302 of the Indian Penal Code and sentenced to undergo Rigorous Imprisonment for life and also to pay a fine of Rs. 25000/-, in default of which, further imprisonment for a term of one year for the offence committed by him under section 302 of the Indian Penal Code.

3. The facts of the case, in short, is that on the basis of the fardbeyan of informant Kaili Khatoon dated 09.06.2009, Katihar Mufassil P.S. Case No. 62 of 2009 was instituted against the appellant Md. Farooque and his brother Lal Mohammad, wherein it ha