VISHNUDEO NARAYAN, J. - (1.) THIS appeal has been preferred by the sole appellant named above against the judgment dated 23.12.1989 passed in St. No. 491/87 (G.R. 243/87) by Shri Samsher Bahadur Singh, 1st Additional District and Sessions Judge, Gumla whereby and whereunder the appellant was found guilty for the offence under Section 302, IPC and he was convicted and sentenced to undergo R.I. for life.
(2.) THE prosecution case has arisen on the basis of FIR (Ext. 2) of PW 1 Pulikar Kujur, the informant, lodged before the Chainpur P.S. on 6.5.1987 at 9.30 hours regarding the occurrence which is said to have taken place on that very day at 7.00 hours in the field at Gandhar Ghaura in village Tintangar Patratoli, P.S. Chainpur District Gumla and the signature of the informant thereon is Ext. 1. The prosecution case in brief is that PW 1 Pulikar Kujur, the informant, along with PW 6 Albert Kujur, PW 7, Fuljens Kujur, PW 4 Karlus Toppo, PW 2 Helarius Kerketta, PW 5 Silbester Kerketta was ploughing the field of Simon Toppo (the deceased of this case) at about 7.00 hours on 6.5.1987 at Gandhar. Chaura in village Tintangar Patrotoli. Simon Toppo, aforesaid, the owner of the land was also ploughing the said field. The appellant came there armed with Tangi and he caught the plough of Simon Toppo and abused him and asked him as to why he is ploughing the land and gave a blow from the back portion of tangi on his waist as a result of which Simon Toppo fell on the ground and, thereafter, the appellant gave a blow by tangi on his neck causing injury thereon and, thereafter, he further gave three of four blows from tangi at his temple and on both of his arms using cableeding injuries. It is alleged that the aforesaid per - sons ran to rescue him but the appellant abused them and intimidated them to be assaulted by tangi, if they come there. It is also alleged that the appellant, thereafter, fled away on the alarms raised by the aforesaid persons. It is also alleged that the aforesaid persons along with the persons working in the near by fields have witnessed the occurrence. Simon Toppo aforesaid died of the injuries at the very place of occurrence. It is also alleged that there is a case subjudice in the Court between Simon Toppo, the deceased of this case on one hand and the appellant and his family members on the other hand.
(3.) THE appellant has pleaded not guilty to the charge levelled against him and he claims himself to be innocent and to have committed no offence and that he has been falsely implicated in this case due to enmity which is existing and alive between him on the one hand and the deceased of this case on the other hand.;