JUDGMENT :

Arvind Singh Chandel, J.

1. Invoking criminal appellate jurisdiction of this Court, the present criminal appeal under Section 374 (2) of CrPC has been filed by the appellant herein calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 31.08.2017 passed by the Sessions Judge, Mungeli, District Mungeli in Sessions Trial No.30/2017 whereby the appellant has been convicted under Section 302 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and sentenced him to undergo imprisonment for life and fine of Rs.2,000/-, in default of payment of fine, additional rigorous imprisonment for three months.

2. Brief facts of the case as projected by the prosecution and accepted by the Trial Court are that on 19.03.2017, the appellant was sleeping in his room along with his son Nikhil Kumar Khande (deceased) who was aged about seven years. The daughter of the appellant was sleeping with her grandmother Sunabai (PW-2) in the another room. The wife of the appellant had already left the house of the appellant and was residing separately in her parental home. On the said night about 4:00 AM, upon hearing the cry of Nikhi