(1.) This criminal appeal under Sec. 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dtd. 17/06/2021 passed in Sessions Trial No. 62/2019 whereby learned Session Judge Kabirdham has convicted the appellant for offence punishable under Sec. 302 of IPC and sentenced him to life imprisonment and fine of Rs.500.00', in default of payment of fine additional R.I. for one month.
(2.) The case of the prosecution, in brief, is that on 05/11/2019 in between 08:00 PM to 09:00 PM at Village Bhursipakri, the appellant herein assaulted Heeralal with his elbow and caused injury on his chest which was sufficient to cause the death of Heeralal and the appellant thereby, committed the offence.
(3.) It is admitted position on record that appellant is the husband of Ranmatiya Bai (P.W.'2) and deceased is the younger brother of Ranmatiya Bai (P.W.'2).