JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant herein under Section 374(2) of the CrPC is directed against the impugned judgment dated 28.3.2012 passed by the Additional Sessions Judge, Katghora, in Sessions Trial No.41/2011, whereby the learned Additional Sessions Judge has convicted the appellant herein for offence under Section 302 of the IPC and sentenced him to undergo imprisonment for life and fine of Rs.500/, in default of payment of fine to further undergo simple imprisonment for six months.

2. The case of the prosecution, in brief, is that on 5.12.2010 in between 9 a.m. to 14 p.m. the appellant caused murder of Ramgopal @ Gopi at village Matin in the bank of Matindai tank and thereby committed the offence punishable under Section 302 of the IPC. It is further case of the prosecution that the deceased had evil eye on the appellant's sister and he had administered some medical herbs to the appellant by which he has become weak and on that count the appellant on 5.12.2010 in between 9 a.m. to 14 p.m. caused murder of Ramgopal @ Gopi. The matter was reported by Kamlesh Kol (PW8) to the police station Bando, pursuant to which, dehati nalishi wa