JUDGMENT :

Sanjay K. Agrawal, J

1. This criminal appeal preferred by the Appellant herein under Section 374 (2) of Cr.P.C. is directed against the impugned judgment of conviction and order of sentence dated 19.11.2014 passed by the II Additional Sessions Judge, Durg, District Durg (C.G.), in S.T. No.213/2012 by which the Appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and sentenced to undergo imprisonment for life with fine of Rs.5000/, and on failure to pay the fine amount, additional sentence of R.I. for one year has been imposed against the appellant herein.

2. The case of the prosecution, in brief, is that on 23.09.2012 at around 22.45 hours, the appellant herein attacked and caused injury to Vinay Kumar Yadav by knife over his left ear, jaw, cheek and eyebrow. Looking to the injuries sustained, injured Vinay Kumar Yadav was taken by Ramesh Chandra Beldar (PW/4) to the room of Raja Ram Dhurv and information was given to the police control room. During that time, injured Vinay Kumar Yadav, with the help of nearby people, was taken to J.L.N. Hospital & Research Center, Bhilai, where Dr. Meenakshi Dave (PW/1) examined injured and gave her report Ex.P/1 in which it has also been recorded that injured Vinay Kumar Yadav was assaulted by appellant herein namely Arvind Kumar Verma. M.L.C. report of injured was also prepared vide Ex.P/2 in which as many as five incised wounds on abdomen, eyebrow, left side of face were noticed.

3. It is the case of the prosecution that deceased Vinay Kumar Yadav had told complainant Ramesh Chandra Beldar (PW/4) that appellant Arvind Kumar Verma, with an intention to kill him attacked him by knife and caused injury to him. Upon information of complainant (PW/4), Head Constable Kamlesh Kumar Sahu (PW/10) registered dehati nalishi (Ex.P/5) at Sector9 Hospital and in order to determine whether the injured Vinay Kumar Yadav, who was alive, was in condition to give statement, wrote a letter (Ex.P/18) to Assistant Surgeon of Sector – 9 Hospital, upon which, Kamlesh Kumar Sahu (PW/10) was informed that Vinay Kumar Yadav is in a condition to give statement and accordingly, the statement of injured Vinay Kumar Yadav was recorded in presence of two witnesses namely Shyamendra Kumar Yadav (PW/9) and Deepak (not examined). Thereafter, Shyamendra Kumar Yadav (PW/10) came to the police station and lodged FIR under Section 307 of IPC, however, due to the fatal injury, Vinay Kumar Yadav died on 24.09.2012 at early in the morning, which has been informed by the Sector – 9 Hospital vide Ex.P/15 to police station Sector 6. Thereafter, Merg intimation (Ex.P/16) was recorded, inquest was conducted vide Ex.P/7 & dead body of Vinay Kumar Yadav was subjected to postmortem examination, which was conducted by Dr. R.K. Nayak (PW/3) who gave his report Ex.P/4, according to which, Vinay Kumar Yadav died of shock due to extensive visceral injuries and hemorrhage. Thereafter, the Appellant was arrested and his memorandum statement was recorded vide Ex.P/20, pursuant to which, bloodstained clothes of appellant and knife were recovered at his instance vide Ex.P/21 and Ex.P/22 respectively. Bloodstained bed sheet, on which the deceased was lying, was seized from the house of Rajaram Dhruv and clothes of injured/deceased Vinay Kumar Yadav were also seized vide Ex.P/8. The seized articles were sent for chemical examination to F.S.L., Raipur, vide Ex.P/29, and as per FSL report (Ex.P/32), human blood was found on the articles seized from the Appellant, however, blood group could not be ascertained.

4. After completion of usual investigation, charge sheet for commission of offence under Sections 307 and 302 of IPC was filed before the Court of Judicial Magistrate First Class, Durg, who in turn, committed the case to the Court of Sessions for hearing and disposal in accordance with law. After filing of the charge sheet, the trial Judge framed the charge against the accused/appellant for offen