JUDGMENT :

Sujit Narayan Prasad, J.

The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 25.04.2017 and order of sentence dated 29.04.2017 passed by the learned Additional Sessions Judge 2nd F.T.C. Bermo at Tenughat in Sessions Trial No. 286 of 2011, by which the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo R.I. for life and also for payment of fine of Rs. 5000/- and in case of default of payment of fine further to undergo R.I. for six months. Further, the appellant was also directed to pay Rs.5,00,000/- (Five lakhs) to Bhoni Mahto (P.W. – 10-Father of the deceased) as compensation amount.

2. This Court, before proceeding to examine the legality and propriety of the judgment of conviction and order of sentence, deems it fit and proper to refer the background of institution of prosecution case, as per fardbeyan of informant, which reads as under:

Fardbeyan of the informant-Umesh Kumar (P.W. 7), the brother of the deceased, has been recorded at the place of occurrence on 08.01.2011 at 08.00 pm at Khuta More (Surahi-Potso