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 29.07.2015 and order of sentence dated 04.08.2015 passed by the learned Additional Sessions Judge, Simdega in Sessions Trial Case No.45 of 2012, 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 and a fine of Rs.5,000/-and in case of default of payment of fine, he has further been directed to undergo simple imprisonment for four months and 60 % of the fine deposited will go to the informant namely, Jatri Birhor, and all the sentences awarded to them shall run concurrently.

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-Jatri Birhor, wife of late Urha Birhor that on 17.10.2011 at about 10.00 O' Clock night, her husband, namely, Urha Birhor, (the d