1. Heard Ms. Bharti Kumari, learned amicus curiae appointed by this Court for the appellant, and the learned counsel for the State.

2. The appellant is aggrieved by the Judgment of conviction and Order of sentence dated 29th September, 2007, passed by learned 5th Additional Sessions Judge, Jamtara, in Sessions Case No.16 of 2006/67 of 2005, whereby the sole appellant has been found guilty and convicted for the offences under Sections 302, 376 and 201 of the Indian Penal Code. Upon hearing on the point of sentence, the appellant has been sentenced to undergo rigorous imprisonment for life with a fine of Rs.500 for the offence under Section 302 of the Indian Penal Code, rigorous imprisonment for ten years with a fine of Rs.500/- for the offence under Section 376 of the Indian Penal Code and rigorous imprisonment for seven years with a fine of Rs.500/- for the offence under Section 201 of the Indian Penal Code and all the sentences were directed to run concurrently.

3. The prosecution case was instituted on the basis of the fardbeyan of the informant Dropadi Besra, the younger sister of the deceased Prajapati Besra. According to the fardbeyan, the deceased Prajapati Besara was