(1.) Heard. 1. The present appeal is against the judgment of conviction and order of sentence dtd. 31/12/2019 passed in Sessions Trial No.71/2017 by the Second Additional Sessions Judge, Ramanujganj, District BalrampurRamanujganj, C.G. whereby the appellant has been convicted for the offence punishable under Sec. 302 of Indian Penal Code and sentenced to undergo R.I. for life and to pay fine of Rs.1000.00 and in default of payment of fine additional six months S.I. was also ordered.
(2.) The prosecution case, in brief, is that on 23/7/2017 at about 6 PM the son of the deceased Ajay came running and informed Mangal Sai and others that while he was playing near his house, the accused called his father Motiram to his home and after some time he heard the noise and saw that his father was in a scuffle and quarrel with the accused. When the dispute aggravated at that time the accused went inside the house, came out with an axe and thereafter made an assault to his father whereby he fell down. Subsequently, the incident was narrated to other witnesses, who then went inside and saw that Motiram is dead and there was a cut injury on his right temple, near the elbow of his right hand, which appeared to have been caused by a sharp weapon. The motive was projected by the prosecution that the deceased Motiram after consumption of liquor used to clamp the charges that the appellant had illicit relation with the wife of the deceased and asked him not to visit his house, therefore, under those background the dispute took place and assault was made, which resulted into death. Thereafter the report was made, the dead body was subjected to postmortem, which confirmed that the death was homicidal in nature and the accused was taken into custody and on his instance a blood stained axe and the T-shirt were recovered. The map of the spot was prepared and after recording the statement of the witnesses, the charge-sheet was filed.
(3.) The case was committed by the learned Magistrate to the Additional Sessions Judge. During the trial the appellant abjured his guilt and claimed to be tried. The prosecution on their behalf examined as many as 11 witnesses and exhibited 23 documents. The learned trial Court after evaluating the evidence and facts, convicted the accused as aforesaid. Hence this appeal.