D.N. Patel, J.

1. This appeal is called out today for final hearing, nobody appeared on behalf of the appellant. Counsel for the appellant, who was appointed by this court as Amicus Curiae, is absent. We, therefore, appoint Ms. Amrita Banerjee, who is in the panel of Jharkhand State Legal Services Authority, as Amicus Curiae. Ms. Banerjee has accepted this matter and argued out the case at length.

2. This criminal appeal has been preferred against the judgment and order of conviction and sentence dated 21st January, 2003 and 22nd January, 2003 respectively, passed by the Sessions Judge, Singhbhum West at Chaibasa in Sessions Trial No. 49 of 1998. This appellant has been convicted and sentenced to life imprisonment for the offence punishable under Section 302 I.P.C.

3. It is the case of the prosecution that on 28th July, 1997 informant Krishna Chandra Tamsoy (PW.3) gave written report to police that on 28.07. 1997 at 9 A.M. informant's younger brother Rajesh Chandra Tamsoy (deceased) was constructing Merh in his field. In the meantime his co-villager Antu Gope (accused