JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC is directed against the impugned judgment dated 13/02/2014 passed by learned Sessions Judge, Bastar Place – Jagdalpur in Sessions trial No. 78/2012 whereby the appellant has been convicted for offence punishable under Section 302 of IPC and he has been sentenced to life imprisonment till death with fine of Rs. 2000/-.

2. Case of the prosecution, in brief, is that the appellant herein, with the intention of causing death of his wife Manbati, strangulated her and assaulted her with tangiya (axe) by which she suffered grievous injuries and died and he, thereby, committed the aforesaid offence.

3. Further case of the prosecution is that on 24/02/2012 at about 12:30 PM, Banmali Kashyap (P.W.-3) lodged a report that on 19/02/2012, his daughter Manbati and son-in-law (appellant) came to his house at Village Aadawal along with their 4 years old son Suraj and told him that both of them were going to Sumalwada temple on the eve of Mahashivratri and left their son with him and told him that they will return shortly to take their son back, but they did not return to take their son as they had informed earlier. Af