JUDGMENT :

SANJAY K. AGRAWAL, J.

1. This criminal appeal under Section 374(2) of the Cr.P.C. preferred by the appellant-accused herein is directed against the impugned judgment of conviction and order of sentence dated 01.09.2015 passed by the learned Sessions Judge, Surajpur, District Surajpur, Chhattisgarh in Sessions Trial No. 102/2014 by which appellant has been convicted for offence under Section 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of Rs. 1000/- in default of payment of fine additional rigorous imprisonment for six months.

2. Case of the prosecution, in nutshell, is that on 17.07.2014 at about 6:30 pm at village Annpurna (Shankarpara), Police Station Premnagar, District Surajpur (C.G.) appellant assaulted his father's brother [uncle (Bade Pita)] Vikul Singh on his neck by axe by which he suffered grievous injuries and died and thereby, committed the said offence.

3. It is further case of the prosecution that Vikul Singh (now deceased) used to curse the appellant to die under the influence of liquor, due to which appellant had grudge against Vikul Singh. On the date of offence, the appellant had seen Vikul Singh going towards the field so he f