(1.) Heard Mr. J.J. Sanga, learned counsel for the appellant and Mrs. Priya Shrestha, learned Spl. P.P. for the State.
(2.) This appeal is directed against the judgment and order of conviction and sentence dtd. 10/9/2012 passed by Sri Satish Chandra Singh, learned Principal Sessions Judge, Simdega in S.T. No. 71/2010, arising out of Simdega P.S. Case No. 55/2010, corresponding to G.R. No. 155/2010, whereby and whereunder the appellant has been convicted for the offence u/s 302 of the I.P.C. and has been sentenced to undergo R.I. for life.
(3.) A fardbeyan was recorded of Sikandar Yadav in which it was alleged that on 20/5/2010 at about 7:00 P.M. when the informant and his family members were having meals in the courtyard Hira Lal Yadav (appellant) came and started shouting and abusing them. A quarrel had also ensued with the father of the informant Larangu Yadav. The matter was somehow pacified and Hira Lal Yadav went home. After having meals the informant and his family members went to sleep when at about 8:00 P.M. Hira Lal Yadav once again came with a Balua in his hand and dragged the father of the informant to the courtyard and assaulted him with the Balua on his neck. When the wife of the informant rushed to the scene she was threatened by Hira Lal Yadav who after sometime threw the Balua and went home. The father of the informant died at the spot.