JUDGMENT :

Rongon Mukhopadhyay, J.

1. Heard Mr. Peeyush Krishna Choudhary, learned amicus curiae appearing for the appellant and Mr. Pankaj Kumar, learned A.P.P.

2. This appeal is directed against the judgment and order of conviction and sentence dated 04.07.1995 (sentence passed on 05.07.1995) passed by Shri Rameshwar Prasad Verma, learned Additional Sessions Judge, Gumla in S.T. No. 101 of 1991, whereby and whereunder, the appellant has been convicted for the offence punishable u/s 302 of the Indian Penal Code and has been sentenced to imprisonment for life.

3. The prosecution case arises out of the fardbeyan of Sunil Kumar Sinha recorded on 19.12.1990 wherein it has been stated that on 18.12.1990 at about 7:00PM, his father Hemant Kumar Sinha had gone to purchase clothes at Khadi Gram Udyog situated at Shankh More. When the father of the informant did not return till 08:30PM, the informant and his younger brother Anil Kumar Sinha and their servant Birsu Munda went in search of his father towards Shankh More and when they reached near the turning at Mission More, they heard some commotion near the field and in the torchlight he saw 3-4 persons pinning down another person with one of