R.S. Sharma, J.

1. This appeal is directed against judgment dated 4-8-2007 passed by Additional Sessions Judge, Khairagarh, District Rajnandgaon in Sessions Trial No. 9/2007. By the impugned judgment, accused Horilal has been convicted under Sec. 302, IPC and sentenced with imprisonment for life and to pay fine of Rs. 1000/-, in default of payment of fine, to further undergo rigorous imprisonment for 6 months. Case of the prosecution, in brief, is as under:--

The appellant had given a sum of Rs. 10/- to deceased Jankar for consuming liquor. The appellant went to the shop of the deceased for refund of the above amount from the deceased. A quarrel took place between them and thereafter the appellant returned his house. On 15-11-2006, at about 5.00 a.m. the appellant again went to the shop of deceased Jankar and assaulted him with a Tangiya. The deceased sustained injuries on his head. Wife of the deceased Rambai lodged First Information Report (Ex. P-1) in Police Station Salhewara. The deceased was taken to Primary Health Centre, Salhewara for treatment. Dr. G.S. Thakur (P.W. 9) examined him and gave his report (Ex. P-12), in which he found:--

(i) multiple burn injuries were pre