JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC is directed against the impugned judgment of conviction and order of sentence dated 15/06/2012 passed by learned Sessions Judge, Raigarh in Sessions Trial No. 118/2010 whereby the appellant/accused has been convicted for offence punishable under Section 302 of IPC and has been sentenced to life imprisonment and fine of Rs. 5,000/­ and in default of payment of fine additional R.I. for one year.

2. The case of the prosecution, in brief, is that on 10/08/2010 at about 01:00 PM, the appellant murdered one Dileshwar Rathiya in his own house with the help of axe by assaulting him and causing grievous injuries and thereby, committed the aforesaid offence.

3. Further case of the prosecution, in brief, is that on 10/08/2010 (on the day of Hareli festival) at about 01:00 PM, Sukhlal (P.W.­2) and Indal (P.W.­4) were already in the house of the appellant when they also called Dileshwar Rathiya, who also came to the house of the appellant, after having lunch at his home wearing a lungi. When he came to the house of the appellant, he was firstly served liqour and thereafter, the appellant went inside on the pretext