JUDGMENT

S.K.Mishra, J. - In this appeal, the sole appellant-Bunda Munda has challenged the judgment and order of conviction and sentence dated 21.6.2006 for the offence under Section 302 of the Indian Penal Code (hereinafter referred to as "Penal Code" for brevity) passed by the learned Adhoc Addl. Sessions Judge, Bonai in S.T. Case No.23/50 of 2004. He has been sentenced to undergo imprisonment for life and to pay a fine of Rs.10,000/- (rupees ten thousand) in default to undergo further rigorous imprisonment for one year.

2. The case of the prosecution in brief is that on 13.9.2003 at about 7.00 P.M. when the informant Rupa Munda (P.W.6) returned to his house, his wife Masali Munda informed him that in the evening at about 5 P.M. while she (Masali Munda) along with Gahma Munda (deceased) and one Mahajana Munda (P.W.2) were sitting on their Varandah, at that time the accused (younger brother of deceased) being armed with Dauli (M.O.III), came there and assaulted his brother Gahma Munda (deceased) repeatedly on his head and leg as a result of which the deceased fell down with profuse bleeding injury and died on the spot. Hearing this incident from Masali Munda, the informant went to