JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal preferred by the appellant herein under Section 374(2) of the Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 26.09.2015 passed in Sessions Trial No.23/2015 by the Sessions Judge, Bastar place Jagdalpur, C.G., by which the appellant stands convicted for the offence under Section 302 of Indian Penal Code and sentenced to undergo imprisonment for life.

2. Case of the prosecution, in brief, is that on 28.02.2015 at about 3:30 pm, at village Budupara Irpa, Police Station Kodenar, District Bastar, C.G., the appellant assaulted his father's elder brother-Jaggu, aged about 40 years (hereinafter called as 'deceased') with axe, as a result of which he sustained grievous injuries over his body and died and thereby committed the aforesaid offence. Further case of the prosecution is that deceased had done some work of excavation in the field of appellant herein and the appellant had not paid Rs.50/- to him and on account of dispute of that wages, appellant is said to have assaulted the deceased- Jaggu with axe, as result of which he suffered grievous injuries over his body and died. The matter was