(1.) The judgment dtd. 17/4/2014 in Criminal Appeal No.940 of 2009, passed by the High Court of Chhattisgarh at Bilaspur, is called in question in this appeal. Vide the impugned judgment, the High Court had confirmed the judgment of conviction of the appellant for offence under Sec. 302, Indian Penal Code (IPC) dtd. 23/11/2009 passed by the Sessions Judge, Durg in Sessions Trial No.34/2009.
(2.) The case of the prosecution is that about 15 days prior to the incident in question, one Rani Bai (PW-11), the wife of Accused No.2 - Sushil Kumar, had gone to another village with the deceased Santosh. There was a love affair between the deceased and Rani Bai.
(3.) The deceased and Rani Bai had come to the village just prior to the incident. While the deceased was passing through the house of the Accused No.2, who was cutting tree with the help of an axe, immediately on seeing the deceased, Accused No.2 assaulted the deceased with the axe on his face. Accused No.1 also joined hands with Accused No.2 in doing away with the life of the deceased, resulting in his death on the spot.