SHREE CHANDRASHEKHAR,J. - (1.) The sole appellant has challenged the judgment of conviction under section 302 IPC dated 11.01.2008 and the order of sentence of R.I. for life and fine of Rs. 2,000/- dated 14.01.2008 passed by the learned 1 Additional District and Sessions Judge, Gumla in Sessions Trial No. 206 of 2006.
(2.) On the basis of fardbeyan of Smt. Preetiwanti Topno recorded at about 17:30 hrs. on 23.05.2006, Kamdara P.S. Case No. 22 of 2006 was registered under section 302 IPC. After the investigation, the sole accused was sent up for trial. During the trial, the prosecution has examined altogether eight witnesses; the informant is P.W.2 and her son namely, Anil Topno-P.W.1 and daughter namely, Sunita Topno-P.W.3 have been projected as eye-witnesses.
(3.) Dr. A.D.N. Prasad who has conducted postmortem examination has found the following injuries on the dead-body of Deepak Topno: 1. Sharp cut wound on left side of the postero lateral aspect of the neck 3" x 1/2" x 2"with fracture of the 6th and 7th cervical vertebra and laceration of the spinal cord. 2. Lacerated wound on the occipital tale of the skull with depressed fracture of the skull and laceration of the brain with intracranial hematoma 2" x 1/2" x 2". ;