Sanjay K. Agrawal, J

Appellant-accused was tried by the 2nd Additional Sessions Judge, Baloda Bazar, in Sessions Trial No.166/2001 (State of Chhattisgarh v. Maheshwar Kalar) for commission of offence punishable under Section 302 of the IPC and he was sentenced to undergo imprisonment for life and pay fine of Rs.500/-, in default of payment of fine to further undergo rigorous imprisonment of six months.

2. Feeling aggrieved & dissatisfied with the judgment of conviction and order of sentence recorded by the Additional Sessions Judge, appellant-accused has preferred this appeal before this Court under Section 374(2) of the CrPC.

3. The prosecution case as unfolded during the course of trial is as under: -

3.1 In the intervening night of 26/27-1-2001 at Village Sail, Police Station Kasdol at about 1.20 in the night, in the house of Ganesh Ram Jaiswal, his wife Guruwari Bai was murdered by strangulation.

3.2 Ganesh Ram Jaiswal (husband of the deceased) is a intellectually challenged person whereas his wife Gurubari Bai (since deceased) was also intellectually challenged woman but she was slightly stronger than her husband in understanding. Since both were intellectually challenged