JUDGMENT :

(Sujit Narayan Prasad, J.) :

1. The instant appeal, filed under Sections 374 (2) of the Code of Criminal Procedure, is directed against the judgment of conviction dated 09.12.2016 and order of sentence dated 14.12.2016 passed by the learned District & Additional Sessions Judge-XIII, Hazaribag in Sessions Trial Case No.577 of 2011, whereby and whereunder, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for life with fine of Rs.10,000/-and in case of default of payment of fine, he has to further undergo imprisonment for three months.

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 prosecution case, as per fardbeyan of informant, which reads as under:

3. As per the fardbeyan of the informant-Etwari Ageriya, recorded on 02.09.2011 by the Sub Inspector, S.K. Pathak of Padma O.P., Barhi P.S. alleged that on 02.09.2011, when the informant was coming from his house and reached at four-mile base Camp, he saw the truck stopping on the National Highway No.33