JUDGMENT :

SUJIT NARAYAN PRASAD, J.

1. The instant appeal, filed under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction dated 20.04.2015 and order of sentence dated 21.04.2015 passed by learned District and Additional Sessions Judge-V, Giridih in Sessions Trial No. 375 of 2010, by which the appellant has been convicted for the offence punishable under Section 302/34 of the Indian Penal Code and sentenced to undergo R.I. for life and also for payment of fine of Rs. 5,000/- and in case of default of payment of fine further to undergo R.I. for two years.

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.

3. The informant Renu Devi gave written report to officer in-charge, Muffasil P.S., Giridih stating therein that her husband Gulab Mandal and one Pappu Das were running the business of brick in partnership for which her husband and father-in-law had given rupees one Lakh (Rs. 1,00,000/-) to Pappu Das and it was agreed that in t