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 27/11/2015 passed by learned 1st Additional Sessions Judge, Baloda Bazar in Sessions Trial No. 38/2014 whereby he has been convicted for offence punishable under Section 302 of IPC and sentenced to undergo life imprisonment with fine of Rs. 1,000/- and in default of payment of fine, additional S.I. for six months.

2. Case of the prosecution, in a nutshell, is that on 17/04/2014 at about 8 PM, appellant, being a Driver, while driving a bus bearing registration No. CG 04 E 0679, dashed Smt. Chandrika Joshi while she was riding her scooter Pleasure bearing registration No. CG 04 CX 5883 and her son Vikas Joshi (P.W.-7) was sitting as a pillion rider and due to that, Smt. Chandrika Joshi suffered grievous injuries and died on the spot.

3. Further case of the prosecution is that appellant had developed one-sided liking for deceased Smt. Chandrika Joshi and he used to harass her as per the statements of Puran Das Joshi (P.W.-3), husband of the deceased and Yashmin Joshi (P.W.-4) and Nilofar (P.W.-5), daughters of the deceased and since deceased Smt. Chandrika Joshi did not like it as she was already married and had three children, therefore, appellant was holding a grudge and on the date of offence, he deliberately dashed her scooter with the intention of causing her death. Immediately thereafter, appellant drove his bus and stationed it at Police Chowki, Bhatgaon. One Rajkumar Sonwani (P.W.-6) informed Akshay Kumar Jatwar (P.W.-1) that her relative Smt. Chandrika Joshi has met with an accident who then lodged first information report against the appellant for offence punishable under Sections 279 and 337 of IPC vide Ex. P/1 and thereafter, spot map was prepared vide Ex. P/2. Merg intimation was registered vide Ex. P/12 and after conducting inquest vide Ex. P/6, the dead body of Smt. Chandrika Joshi was subjected to postmortem which was conducted by Dr. Pushpendra Vaishnav (P.W.-16) and as per the postmortem report (Ex. P/21), cause of death is said to be excessive blood loss and cardiovascular and cardiorespiratory arrest and no definite opinion with regard to nature of death has been given. Vikas Joshi (P.W.-7), who was sitting as a pillion rider with his mother deceased Smt. Chandrika Joshi, was also medically examined by Dr. Narayan Sahu (P.W.-12) and as per MLC report (Ex. P/17), he had suffered simple injuries. Memorandum statement of the appellant was recorded vide Ex. P/13 and his driving license and his mobile phone were seized vide Ex. P/14. The seized bus and scooter were mechanically examined vide Ex. P/24. After due investigation, the appellant was charge-sheeted for offence punishable under Section 302 of IPC which was committed to the Court of Sessions for trial in accordance with law. The appellant abjured his guilt and entered into defence.

4. In order to bring home the offence, prosecution examined as many as 18 witnesses and brought on record 24 documents. Statement of the appellant was recorded under Section 313 of CrPC wherein he denied guilt, however, he examined none in his defence and only brought 1 document on record.

5. Learned trial Court, after appreciation of oral and documentary evidence on record, convicted the appellant for offence punishable under Section 302 of IPC and sentenced him as aforesaid holding that death of deceased Smt. Chandrika Joshi was not accidental in nature as the appellant had dashed her with his bus with the intention of causing his death by which she suffered grievous injuries and died on the spot, as such, it was homicidal death and also finding the motive of offence proved by Puran Das Joshi (P.W.-3), Yashmin Joshi (P.W.-4) and Nilofar (P.W.-5).

6. Mr. T.K. Jha, learned counsel for the appellant, would submit that the trial Court is absolutely unjustified in convicting the appellant for offence punishable under Section 30