(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 29-8-2011 passed by the Sessions Judge, South Bastar, Dantewada (CG) in Sessions Trial No. 127 of 2010 wherein the said Court has convicted the appellant for commission of offence under Sections 304 Part II of IPC (culpable homicide, not amounting to murder) and sentenced him to undergo rigorous imprisonment for ten years and to pay fine of Rs.1000/- with default stipulations.
(2.) In the present case name of the deceased is Uday Markande. As per version of the prosecution there was some altercation between the father of the appellant namely Kasi and the deceased on account of working in "brick kiln" and after some time the appellant assaulted the deceased by axe on his death and throat resulting in death of the deceased. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.
(3.) Learned counsel for the appellant would submit as under: