(1.) CHALLENGE in this appeal is to conviction and order of sentence dated 5/1/2005 passed by First Additional Sessions Judge, Rajnandgaon in Sessions Trial No. 52/2002 whereby and whereunder after holding the appellant guilty for the commission of culpable homicide amounting to murder of deceased Dashambai, convicted the appellant under Section 302 of the In- dian Penal Code and sentenced imprisonment for life and fine of Rs.2,000 in default of payment of fine amount additional rigorous imprisonment for 6 months.
(2.) CONVICTION is impugned on the ground that without any iota of evidence sufficient for conviction of the appellant Court below has convicted and sentenced the appellant aforementioned and thereby committed an illegality.
(3.) AFTER affording an opportunity of hearing to the parties, learned First Additional Sessions Judge, Rajnandgaon while acquitting the co-accused Jairam and convicted and sentenced the appellant as aforementioned.