JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of Cr.PC is directed against the impugned judgment of conviction and order of sentence dated 11.12.2012 passed in Sessions Trial No.36/2011, whereby, learned Additional Sessions Judge, Pendra Road, District Bilaspur (CG) has convicted the appellant under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs.200/-, in default of payment of fine, to undergo additional RI for 1 month.

2. Case of the prosecution, in brief, is that on the fateful day i.e. 5.5.2011, at 2:00 p.m., at village Lamni (Baigapara), scuffle took place between the appellant and his wife Manglibai and during the said quarrel, the appellant assaulted his wife (deceased) with an axe on her neck, which was witnessed by Shakuntala Baiga (PW-4), who is their daughter-in-law. Shankuntala Baiga immediately went to her husband Shiv Nath Singh (PW-3), who was attending a marriage ceremony in the village itself and informed him about the said incident. Thereafter, both reached the place of occurrence and Shiv Nath Singh (PW-3) also saw the dead body of the deceased lying inside the room. Shiv Nath Singh (PW-3) lodg