JUDGMENT :

Sanjay K. Agrawal, J

This criminal appeal filed by the appellant under Section 374(2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 25.09.2012, passed by the Court of learned Sessions Judge, District Mahasamund (C.G.) whereby the appellant/accused has been convicted under Section 302 of IPC and sentenced to undergo life imprisonment with fine amount of Rs.1,000/- and, in default of fine, additional simple imprisonment of six months.

2. The case of the prosecution, in brief, is that on 25.07.2011 at about 06:00 PM in the evening at Dumarnala, Village Tamora the appellant-accused has committed murder of is younger brother, namely, Nutan Nishad, S/o Ude Ram Nishad, aged about 13 years (now deceased) by strangulation and, thereby, committed the offence.

3. The further case of the prosecution, in brief, is that on 29.07.2011 at about 09:20 Jagdev Singh Dhruv (PW-2), being the Sarpanch of Village Tamora, alongwith Uttam Singh (PW-8) and one Bugharu Nishad lodged report that: Sonwati Bai, who is mother of Nutan Nishad (deceased) had given an application in the Gram Panchayat stating that his son- Nutan had gone somewhere without info