S.S.Sharma, J. - (1.)In Sessions Trial No. 51 of 1980, Additional Sessions Judge, Narsimpha Pur, by his judgment dated 10-12-1980 convicted the two appellants for the murder of Sukka and sentenced each of them to imprisonment for life. Appellant Somtibai and appellant Vishal have also been respectively convicted under Sections 328 and 328/34, Indian Penal Code and each has been sentenced to 5 (five) years R.T. for that offence. The sentences have been ordered to run concurrently. By this appeal the two appellants have challenged their convictions and sentences.
(2.)Appellant Vishal is the son of deceased Sukka. Appellant Somtibai was living with Sukka as his keep since last five years prior to this incident. Appellant Somtibai, from deceased Sukka had a daughter aged about 3 to 4 years, Deceased Sukka and Todal Prasad (P.W. 1) used to work as labourers with one Har Prasad (P. W, 3) who had his brick kiln near river Tinsra. For that reason deceased Sukka, appellant Somtibai and the daughter used to live near the brickkiln in a hut. Todal Prasad (PW. 1) his wife Mantiya (P.W. 2) and three children also lived nearby in a hut at the brickkiln.
(3.)The prosecution case briefly stated is that appellant Vishal had come to his mother appellant Somtibai and was staying with her and the deceased since last three to four days. In the evening of 7-5-1980 shortly before the work was over appellant Somtibai returned to her hut for cooking the food. After sometime deceased Sukka also came there but went away to answer call of nature. In the meantime appellant Vishal and Somtibai ate their food. When deceased Sukka returned back after answering the call of nature, he also ate his food. The deceased then started talking in coherently. Todal Prasad (P.W.1) and Mantiya (P.W. 2) asked Sukka as to what has happened but Sukka could not answer. Sukka even committed twice. At about mid-night Todal Prasad (P. W. 1) had taken his minor son for answering the call of nature. Mantiya was also in front of her hut. At that time appellant Vishal inflicted knife blows on Sukka. Todal Prasad (P.W. 1), who was then returning with his son, told the appellant Vishal as to what he has done but Todal Prasad was threatened by Vishal and ran away from there.