1. This appeal arises out of the judgment of conviction and order of sentence dated 20.2.2009 passed by the Additional Sessions Judge, Sakti, Janjgir - Champa in ST No.84/2008 convicting the appellant under S.302 & S.201 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs.500/- and RI for 3 years and fine of Rs.100/- with default stipulations respectively.

2. As per prosecution case, the appellant was having affair with Ku. Laxmi Sidar (PW - 3) and on 28.2.2008 he entered the house of Ku. Laxmi, however, he was seen by deceased Gopiram Chandra. The appellant asked Gopiram not to disclose the fact of his (appellant) meeting Ku. Laxmi, however, Gopiram did not agree to the same and then the appellant took him towards river, gave him a kick blow on his rib region as a result of which Gopiram fell on a stone. It is said that thereafter the appellant pressed his neck resulting in his death and then threw the dead body in a pit of the nearby stone quarry. On 29.2.2008 dead body of Gopiram Chandra was found in a pit and immediately thereafter unnumbered merg Ex.P / 29 and numbered merg Ex.P / 30 were recorded at the instance of Sampatram (PW - 11). Inquest over