JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred under Section 374(2) of the CrPC is directed against the judgment of conviction recorded and sentence awarded against the appellant herein for offence under Section 302 of the IPC sentencing him to undergo imprisonment for life and pay a fine of Rs.5,000/-, in default of payment of fine to further undergo rigorous imprisonment for five months, vide judgment dated 17-12-2013 passed by the Sessions Judge, Raipur in Sessions Trial No.273/2011.

2. Case of the prosecution, in brief, is that the appellant caused death of his son Kuber (illegitimate son) on 12-9-2011 and committed the offence punishable under Section 302 of the IPC. Further case of the prosecution is that the appellant was residing with Smt. Radheshwari alias Neha (PW-1) without marrying her in the house of Loknath Sahu at Lodhipara, Raipur and out of their cohabitation, they were blessed with son Kuber. At the time of offence, Kuber was aged about 3 months having born on 19-6-2011. It is also the case of the prosecution that on the fateful day, the appellant herein sent his wife Smt. Radheshwari alias Neha (PW-1) to bring vegetables particularly, Karela (bit