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 the brick kiln they will invest the money and work will be done by Pappu Das. While running the business rupees thirty thousand (Rs. 30,000/-) became due upon Pappu Das and on demand of money, Pappu Das used to threaten to kill them. It has further been stated that on 24.6.2010 at about 7 a.m. morning her husband was called for by Pappu Das, Mahru Das @ Atwari Das and Madhusudan Gupta and thereafter they went somewhere. At about 11.00 o’clock her Dewar (brother-in-law) Manoj Kumar Mandal asked about her husband whereupon the informant said that he went along with Pappu Das and Madhusudan Das towards Nichelakhari. Thereafter, she along with Manoj Kumar Mandal and son-Pankaj Kumar went towards Nichelakhari and when they were about 100 Gaj (yard) to Brick Kiln, they saw that Pappu Das was stabbing her husband in his stomach and Maksudan Gupta and Somar Das and wife of Pappu were assaulting her husband by brick and stone. When they ran towards the place of occurrence the assailants also ran to attack them by means of knife, brick and stone but anyhow the informant party saved their life and reached their house. In the meantime, the matter came to the knowledge of police who reached at the place of occurrence.

4. On the basis of fardbeyan of the informant, a formal F.I.R. was registered against the accused persons, Pappu Das, Maksudan Gupta, Somar Das and wife of Pappu Das of village Lakhari, P.S. Muffasil, District Giridih under Section 302/34 of the Indian Penal Code.

5. The matter was investigated by the Investigating Officer, who after investigation submitted charge-sheet against Pappu Das and Bandhani Devi alias Budhni Devi under Section 302/34 of the Indian Penal Code.

6. Thereafter the cognizance of the offence was taken and the case was committed to the Court of Sessions wherefrom the case was received in the Court of learned District & Additional Sessions Judge-V, Giridih for trial and disposal.

7. It is pertinent to note here that initially only Pappu Das was facing trial in the case but later on charge-sheet was also submitted against accused Bandhani Devi alias Budhni Devi under Section 302/34 of the Indian Penal Code. Accordingly, cognizance was taken against her and case was committed to the Court of Sessions and she was facing trial in Session Trial No. 348/11 and thereafter Session Trial 348/11 was amalgamated with original Session Trial No. 375/10 vide order dated 11.04.2012. Accordingly, both the accused persons namely Pappu Das and Bandhani Devi alias Budhni Devi had faced the trial under Section 302/34 of the Indian Penal Code.

8. In course of trial, the prosecution has examined altogether six witnesses, namely, PW-1 Manoj Kumar Mandal (brother of deceased), PW-2 Pankaj Kumar Mandal (son of deceased), PW-3 Basudeo Prasad Mandal (hearsay witn