JUDGMENT :

VIKRAM NATH, J.

By means of this appeal, the accused appellant has assailed the correctness of the judgment and order of the High Court dated 06.04.2015 passed by a Division Bench of the High Court of Chhattisgarh dismissing the Criminal Appeal No.3 of 2010 titled Statrughan vs. State of Chhattisgarh, whereby the conviction under section 302, Indian Penal Code¹[IPC] and the sentence to undergo life imprisonment along with fine of Rs.5,000/- passed by the IInd Additional Sessions Judge, Baloda Bazar, Dist.Raipur in Sessions Trial No.41 of 2009 has been affirmed. The appellant is in jail and has already undergone almost 15 years incarceration.

2. According to the prosecution story, Vijay Kumar (PW1) uncle of the deceased (Jagat Ram) lodged a First Information Report at 04:30 AM on 20.07.2008 that on the previous night at about 08.00 PM while he was sitting in his house, his nephew Jagat was returning on a cycle and he heard his nephew shouting, while passing in front of the house of one Chandu “Kaka Vijay Singh run, Shatrughan has assaulted me with a Tabbal”. The exact statement as recorded in vernacular is: ^^dkdk fot; flag nkSM+ks] esjs dks 'k=q?u rCcy ls ekj fn;k gSA**

3.