JUDGMENT :

SHREE CHANDRASHEKHAR, J.

1. In S.T. Case No. 74 of 2012 the appellant has been convicted and sentenced to RI for life and a fine of Rs. 2,000/- under Section 302 of the Indian Penal Code (in short IPC) with a default stipulation to undergo SI for three months in default of payment of fine.

2. In the morning of 24.06.2011 Ramanand Behra received an information from Shibu Master that Nepali Behra and Manju Behra have committed murder of Sabita Behra. On the basis of his fardbeyan which was recorded at 13:00 hours the same day, Hat Gamharia P.S. Case No. 17 of 2011 has been lodged under Section 302/34 IPC against Nepali Behra and Manju Behra. They have faced the trial on the charge of committing murder of Sabita Behra in furtherance of criminal conspiracy. During the trial the prosecution has examined eight witnesses out of whom PW-1 and PW-4 are closely related to the appellant and the deceased. PW-2 PW-3 and PW-5 are co-villagers of the appellant and PW-7 and PW-8 are the Investigating Officers.

3. The case of the prosecution is that Sabita Behra was married to Nepali Behra in the year 2010. Nepali Behra had illicit relationship with his elder sister-in-law (bhabhi) and that