JUDGMENT

Dr. Arijit Pasayat, J. —

1. Challenge in this appeal is to the judgment of a Division Bench of the Madhya Pradesh High Court at Jabalpur confirming the conviction of the appellant for offences punishable under Sections 302 and 201 of the Indian Penal Code, 1860 (in short the ‘IPC’) as recorded by learned Sessions Judge Mandla in Sessions Case No. 66 of 1995 who imposed sentences of imprisonment for life and three years respectively.

2. Background facts, as projected by the prosecution, during trial are as follows:

Harilal Gond (hereinafter referred to as the ‘deceased’) was the maternal grandfather in law of the accused and in the night of incident accused, deceased and his samdhi Motilal were sleeping in the same house.

Shyamlal (PW1), son in law of the deceased brought his son in law accused Hari Singh on 23.2.1995 to Mohda from Singanpuri for treatment. On 25.2.1995 in the evening Motilal (PW2) the father of Shyamlal and his samdhi i.e. deceased and son in law i.e. accused Hari Singh were sleeping in the same room after having their meal. Shyamlal alone was sleeping in his room. Shyamlal got up around 3-3.30 after hearing the shouting of his son in law who was pushing h