Pritinker Diwaker, J.

This appeal arises out of the judgment of conviction and order of sentence dated 28.9.2012 passed by the II Additional Sessions Judge, Raigarh in ST No.01/2012 convicting the appellant under Section 302 of IPC and sentencing him to undergo imprisonment for life and to pay a fine of Rs.2000/- with default stipulation.

2. As per prosecution case, deceased Sadauwa Sarthi had damaged the tire of handcart of the appellant as a result of which the appellant was annoyed and in the night intervening 3/4th June, 2011 he went to the house of the deceased and started hurling abuses at him. It is said that when the deceased came out from his house, the appellant assaulted on his head by a club resulting in his instantaneous death. The incident was witnessed by PW-1 Padum Sarthi, PW-5 Sulochana Bai, and PW-6 Padma Bai who are son, wife and daughter of the deceased respectively. In the same night at about 1.05 am merg intimation (Ex.P/1) was lodged by PW-1 and immediately thereafter FIR (Ex.P/2) was lodged by PW-1 against the appellant under Section 302 of IPC and Section 3(1)(x) and 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. In