- (1.) Appellant Daud Toppo @ Daud Daniel Topno was put on trial on the accusation of committing murder of Kristo Karmkar. The trial court having found the appellant guilty of the charge convicted him for the offence punishable under Section 302 of the Indian Penal Code vide its judgment dated 7.5.2006 passed in Sessions Trial No. 184 of 2004 and sentenced him to undergo rigorous imprisonment for life and to pay a fine of Rs. 5000/- vide its order dated 7.6.2006.
(2.) The case of the prosecution is that while the informant-Shivani Karmkar (P.W.2), daughter-in-law of the deceased (Kristo Karmkar), was there in her house on 17.6.2003 along with her children and the deceased, the appellant came at about 10:00 am before her father-in-law (Kristo Karmkar) to whom the appellant asked to come along with him for having liquor. The appellant remained there for about 15 minutes. Thereafter both of them went towards Kachra Basti. Two unknown persons, who were outside of the house, also followed them. At about 12:30-1:00 p.m., 4-5 children came to the informant and informed her that somebody has killed the deceased by inflicting 'knife' injury. On getting said information, when the informant-Shivani Karmkar (P.W.2) came near the house of Shiv Balak Prasad Singh, she found her father-in-law dead. Meanwhile, Gouri Shankar Gupta, Officer In-charge of Olidih police station, when received information that some occurrence had taken place at Kachra Basti, he came there and found the dead-body of the deceased and recorded the fardbeyan (Ext.3) of the informant-Shivani Karmkar (P.W.2), wherein she narrated about the incident, as has been stated above. She raised suspicion against the appellant.
(3.) On the basis of such fardbeyan, a formal FIR was drawn and a case was registered against the appellant. P.W.11-Investigating Officer himself took up the investigation during which he inspected the place of occurrence from where he seized 'stone' having blood on it under Seizure List (Ext.4). The Investigating Officer held the inquest on the dead-body of the deceased and prepared an inquest report. Thereupon the dead-body was sent for postmortem examination which was conducted by Dr. Niranjan Minj-P.W.10 who upon holding autopsy on the dead-body of the deceased found the following injuries:- Stab Wound: i. 3cm. x 11/2 cm. x soft tissues on right thigh upper part. ii. The weapon penetrated into the soft tissue and cut the right femural artery. The stab wound was V shaped. ;