Pritinker Diwaker, J.

1. This appeal arises out of the judgment of conviction and order of sentence dated 24.2.2010 passed by the Additional Sessions Judge, Bemetara, Distt. Durg in S.T. No. 24/09 convicting the accused/appellant under Sections 302 of IPC and sentencing him to undergo imprisonment for life, to pay a fine of Rs. 100/- and in default thereof to suffer additional R.I. for two months. As per prosecution case, about 1½ months prior to date of incident son of the accused/appellant died in accident from the tractor of Ramkumar (PW-2). It is alleged that after death of the appellant, deceased Alalram, who is uncle of Ramkumar, used to visit the house of the appellant to have some compromise and to ensure that no case is filed by him in relation to death of his son. It is said that on 21.4.2009 deceased Alalram again went to the house of the appellant, there was some hot talk between the appellant, his wife Laxmibai and the deceased and during that, the appellant picked up an axe from his house and caused injuries to the deceased leading to his instantaneous death. At the instance of Ramkumar (PW-2) on 21.4.2009 itself Dehati merg (Ex. P/6) was recorded and thereaf