JUDGMENT :

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dated 10/02/2015 passed by learned Additional Sessions Judge, Durg in Special Sessions Trial No. 15/2014 whereby he has been convicted for offence punishable under Section 302 of IPC and has been sentenced to undergo life imprisonment with fine of Rs. 100/- and under Section 4 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005 and has been sentenced to undergo R.I. for 3 years with fine of Rs. 100/- and in default of payment of fine, additional R.I. for 10-10 days for both the offences, with a direction to run both the sentences concurrently.

2. Case of the prosecution, in brief, is that on 12/10/2013 in between 8-9 PM at village Girhola within the ambit of Police Station Nandini, the appellant herein along with four other coaccused persons constituted an unlawful assembly armed with deadly weapon like axe with a common object of causing death of Pramila Bai and in furtherance of their common intention, they assaulted Pramila Bai with axe and murdered her on the pretext that she practiced witchcraft and thereby, committed the afor