JUDGMENT :

B.R. GAVAI, J.

1. The appellant has approached this court being aggrieved by the Judgment and order passed by the High Court of Chattisgarh at Bilaspur in Criminal Appeal No.1072 of 2001 thereby, dismissing the appeal of appellant and confirming the Judgment of conviction and order of sentence as recorded by the Learned Special Judge, Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and Additional Sessions Judge, Bastar at Jagdalpur (hereinafter referred as ‘Trial Court’) on 6th September, 2001.

2. The prosecution story in brief is thus, Janki Bai is the second wife of the appellant. First wife of the appellant had died. The marriage between the appellant and Janki Bai was solemnized seven years prior to the date of incident. They were having three issues from the wedlock. On 22.7.2000 the appellant had come home in a drunken condition and had a quarrel with Janki Bai. During the quarrel Janki Bai took her two children and went to the house of her brother-in-law. The appellant and their elder son Ajit remained in the house. On 23.7.2000 when she returned to the house, she saw that Ajit was lying on mat and his body was covered with a blanket. Upon removing