1. This appeal is directed against the judgment of conviction and sentence dated 29.1.1999 passed by the 1st Additional Sessions Judge, Ambikapur, District Surguja in S.T. No.338/94 whereby learned Sessions Judge convicted the appellant under Section 302 of the IPC and sentenced him to undergo imprisonment for life.

2. The incident giving rise to the offence took place at about 5 pm on 6.7.1994. Deceased Manobdh had climbed on jack fruit tree standing on the premises of appellant Jagan Ram at village Bhotko. When the appellant heard the noise of fall of jack fruit from the tree, he came out of his house and shouted as to who is plucking the jack fruit, on which the deceased came down and started abusing the appellant by saying that he is not giving share of jack fruit to him. When the appellant stated that he would be given his share, the deceased was about to assault the appellant, on which he went inside his house and picked up an axe and scuffle took place between them in which the appellant assaulted the deceased over his head causing 4 injuries including 3 lacerated wounds. The appellant also sustained 2 lacerated wounds on head in the said quarrel, which was allegedly caused by the deceased.

3. The FIR (Ex.-P/1) was lodged by Samundari Bai (PW-1), wife of the deceased, at 20.45 hours on 6.7.94 i.e. on the date of the incident itself. In the FIR, she stated that a dispute was going on between her husband (the deceased) and uncle of the deceased (appellant) regarding share of jack fruits. In the afternoon, she had gone to graze the oxe and came back at about 5.30 pm. One Bisheshar Khairwar of Dandpara informed her that one Rama Ahir has informed him that quarrel has taken place between the appellant and the deceased and the deceased has become unconscious. The informant went to see her husband and found that he was lying unconscious in front of the house of the appellant and had sustained injuries over his head and hand. Jethu Gond, the appellant's wife and Fundur were present at the place. Fundur informed the first informant that when the informant's husband was plucking the jack fruits, the appellant tried to restrain/convince him, on which a quarrel took place and all of a sudden, Jagan assaulted the deceased by axe.

4. Merg (Ex.-P/15) was recorded by the concerned police on 6.7.94 on the information of constable R. Bhuneshwar Ram. This constable received information from the hospital where the deceased was taken for treatment and was declared dead at 10.45 pm.

5. The dead body inquest was prepared vide Ex.-P/4. Blood stained soil and plain soil were collected vide Ex.-P/5. The appellant's memorandum statement was recorded on 10.7.94 vide Ex.-P/6 which led to recovery of axe from the appellant on 10.6.94 vide Ex.-P/7. MLC of the deceased was submitted by Dr. SP Gupta (PW-6) at CHC, Batouli vide Ex.-P/8. The postmortem was conducted by Dr. SP Gupta (PW-6), who submitted his report vide Ex.-P/11 opining that the mode of death is coma caused by brain and skull injuries about 18 hours prior to postmortem examination and the death is homidical in nature.

6. The appellant was also sent for medico legal examination vide Ex.-P/12A and the report was submitted by Dr. SP Gupta (PW-6) vide Ex.-P/12 finding 2 lacerated wounds on head. The appellant was also advised for X-ray examination. The axe recovered from the appellant was sent for examination wherein 2 queries were raised firstly whether the injuries sustained by the deceased could be caused by the axe and secondly, whether there are blood stains on the axe. Dr. S.P. Gupta made endorsement on the application itself and opined in positive on both the queries. Spot map Ex.-P/16 was prepared by the IO.

7. Seized articles were sent for FSL examination and the report was submitted by the chemical examiner vide Ex.-P/18. Blood stains were found on the axe recovered from the appellant marked as article 'D'.

8. On completion of investigation, charge sheet was filed against t