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 aforesaid offences.

3. Further case of the prosecution is that all the five accused persons including the appellant suspected that deceased Pramila Bai used to practice witchcraft and she had performed black magic on the appellant as well as on co-accused Kishnu and in furtherance of their common intention, they assaulted Pramila Bai with axe and caused her death on the fateful day. Thereafter, Rajkumar Banjare (P.W.-10) reported about the incident at Police Station Nandini on the basis of which first information report was registered vide Ex. P/25 and merg intimation was registered vide Ex. P/26. Summons were issued to the witnesses vide Ex. P/1 and inquest was conducted vide Ex. P/2. From the spot, plain soil and blood stained soil was recovered vide Ex. P/13 and the slippers wornby the deceased were seized vide Ex. P/14. The dead body of Pramila Bai was subjected to postmortem which was conducted by Dr. P. Akhtar (P.W.-12) and as per postmortem report (Ex. P/33), cause of death is said to be coma and shock due to head injury. Memorandum statements of the accused persons were recorded vide Ex. P/8 to P/11 and recovery of axe was made from the appellant vide Ex. P/16. The said seized articles were sent for forensic examination and as per the FSL report (Ex. P/35), blood was found on the said axe. After due investigation, the accused persons were chargesheeted for offences punishable under Sections 148, 302/120B, 302 r/w 149 of IPC and Sections 4 and 5 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005, which was committed to the Court of Sessions for trial in accordance with law.

4. It is appropriate to mention here that at the time of framing of charge on 03/03/2014, the appellant herein admitted his guilt before the trial Court stating that he has caused the murder of Pramila Bai. Likewise, while giving his statement under Section 313 of CrPC, appellant has also admitted his guilt and stated that he has caused the murder of Pramila Bai in question Nos. 8, 17, 42 and 143. Appellant's admission of guilt in both the aforementioned stages have been taken as a piece of incriminating circumstance by the trial Court while convicting him for the aforesaid offences.

5. In order to bring home the offence, prosecution examined as many as 12 witnesses and brought on record 35 documents. Neither any witness has been examined on behalf of the defence nor any document has been brought on record.

6. Learned trial Court, after appreciation of oral and documentary evidence on record, though acquitted the four co-accused persons but proceeded to convict the appellant for offence punishable under Section 302 of IPC and Section 4 of Chhattisgarh Tonhi Pratarna Nivaran Act, 2005.

7. Mr. B.P. Singh, learned counsel for the appellant, would submit that the trial Court has erred in