- (1.) THE accused appeals.
(2.) THE appellant, on being tried for an offence under Section 302 I.P.C for causing the death of Anthony Topno, was found guilty by the Trial Judge, for which he was sentenced to death. The appellant aggrieved by the said conviction and sentence has preferred the above appeal, while the Death Reference is by the Sessions Judge for the confirmation of death sentence by this Court and both are being disposed of by the following common judgment. The allegation against the appellant is that at 11.30 a.m. on 23.1.2005, he caused the death of Anthony Topno, son of P.W.4 Marshal Topno, by cutting his neck.
(3.) AT about 11.30 a.m. on 23.1.2005, while P.W.4 Marshal Topno was taking his lunch at his house, his son Lawrence Topno, who is the elder brother of the deceased Anthony Topno, rushed to him and told him that the appellant has cut the deceased to death. P.W.4 ran to the house and found the dead body of his son Anthony Topno inside the house of the appellant. P.W.4 raised alarm and villagers gathered. The appellant Tara Sardar was caught by the villagers and Ext.4 fardbeyan was given at 2.50 p.m. at Potka police station by Marshal Topno, on the basis of which Ext.6 F.I.R was registered. The investigation in the crime was taken up by P.W.7 Remegius Toppo.;