- (1.) By Court This appeal arises from the judgment of conviction dated 21st December, 2002 and order of sentence dated 23rd December, 2002 passed by Shri Radha Govind Singh Nagesh, 1 st Additional District & Sessions Judge, Latehar in S.T.No.52 of 2002 convicting the appellant under Section 302 I.P.C. and sentencing him to undergo rigorous imprisonment for life. The appellant has also been sentenced for a fine of Rs. 5,000/ and in default thereof he has further to undergo R.I. for one year. However, both the sentences were directed to run concurrently.
(2.) The prosecution case in brief is that Melani Toppo (P.W.2) lodged a Fardbayan on 27.12.2001 at about 16 hours that on 25.12.2001 on the occasion of 'Christmas' there was quarrel between her husband Vimal Toppo (deceased) and her fatherinlaw Romania Toppo @ Romanus Toppo (appellant) during which, the appellant threatened him to kill. Then on 26.12.2001 at about 2 p.m. her husband asked for food. Her sisterinlaw Usha Toppo (P.W.1) was also sitting there. The informant went to bring food. In the meantime, her husband and P.W. 1 raised alarm then the informant came out and she saw that the appellant assaulted her husband on his head by 'Tangi' and broke his head. When her husband fell down, the appellant again assaulted at his arms. The Doctor was called but before he came, the injured died in the evening. Chaukidar was informed. The appellant had also killed his other relative in the year 1990 by cutting his neck by 'Tangi". After remaining in jail for about 10 years, he had come out and then has committed this crime. On this F.I.R., the case proceeded.
(3.) Mr. Pravin Kumar, learned Counsel appearing for the appellant assailed the impugned judgment on various grounds. He submitted that P.W. 1 and P.W. 2 are not the eyewitness. The parties are relatives. The deceased used to drink liquor and fight with the appellant and therefore during quarrel the alleged occurrence took place.;