JUDGMENT

Sunil Kumar Sinha, J.— Being aggrieved with the judgment of conviction and order of sentence dated 15th March, 2001 passed by the Additional Sessions Judge, Kanker, in Sessions Trial No. 444/ 1997, the appellant has preferred this appeal. The appellant and two other accused persons namely Digvijay and Sudama were charged with the offences punishable under Sections 302/34 and 201 I.P.C. The appellant has been convicted under Sections 302 & 201 I.P.C. and sentenced to undergo imprisonment for life and R.I. for two years and to pay a fine of Rs. 5,000, in default thereof, to further undergo 4 months imprisonment with a further direction that the sentences shall be served according to the provisions of Section 427(2) of the Code of Criminal Procedure. The other two accused persons have been acquitted.

2. The brief facts are that in the night of 5.9.2007, the deceased namely Narayan Das Meshram and all the 3 accused persons as also Kailash (PW1) went to the house of Girja Bai (PW3) where they consumed liquor. Some quarrel took place there. Thereafter the deceased and the appellant firstly left the house, the appellant returned back after a shortwhile whereas the deceased did no