JUDGMENT :

K.P. Deo, J.

Heard, Mr. Rajesh Kumar, learned Amicus Curiae and learned counsel for the State, Mr. Satish Kumar Keshri, learned Additional Public Prosecutor.

2. The instant criminal appeal has been preferred against the judgment of conviction dated 01.12.2008 and order of sentence dated 03.12.2008, passed by learned Sessions Judge, Simdega, in Sessions Trial No. 121 of 2007, whereby the sole accused has been convicted for the offence committed and punishable under Section 302 of the Indian Penal Code and awarded sentence of imprisonment for life and also fine of Rs.2000/- payable to the widow of the deceased, if any.

3. The prosecution case is based upon the fardbeyan of informant, Garjan Singh (P.W.-7) recorded by A.S.I., Shashi Bhushan Das on 20.07.2007 at 13.00 Hrs. at Benkuta, Khariatoli. The informant has stated that he is resident of Bano, District – Simdega and doing on agriculture for livelihood. The informant has stated that he is giving his statement to the Police Officer of Bano Police Station at village Khariatoli near the house of Most. (widow) Sukro Soren. The informant has stated that on 19.07.2007 (Thursday) at around 8.00 P.M., his brother Fagua Singh @ Bish