Rudra Prakash Mishra, J.—The present criminal appeal has been filed by the appellant under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the ‘Code’) challenging the judgment of conviction dated 02.04.2016 and order of sentence dated 04.04.2016, passed by learned Additional Sessions Judge-I, Benipur, Darbhanga in Sessions Trial No. 206 of 2014, arising out of Ghanshyampur P.S. case No. 328 of 2013, G.R. No. 1336/16, whereby and whereunder the Trial Court has convicted the appellant for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as the ‘I.P.C.’) and sentenced to undergo rigorous imprisonment for life and a fine of Rs. 10,000/- and in default of payment of fine to further undergo additional six months imprisonment.

2. The prosecution case, as per the fardbeyan of the informant recorded by S.I. of Ghamshyampur police Station on 20.12.2013 at 12.10 a.m. is that today itself informant went to Ghamshyampur to sell milk and at around 11.00 a.m., her younger son Ganesh Chaupal, aged about 10 years, came to Ghanshyampur and told that his father (Shivat Chaupal) was attacked by elder brother Rudal Chaupal, son of Shivat