JUDGMENT :

Heard.

1. This criminal appeal preferred by the appellant under Section 374 (2) of the Code of Criminal Procedure 1973 is directed against the impugned judgment dated 05/11/2019 passed by the Sessions Judge, Surajpur, District Surajpur, C.G. in Sessions Trial No.66/2018 whereby the appellant has been convicted under Section 449 & 302 of IPC and sentenced to undergo R.I. for 10 Years & Life Imprisonment, respectively and to pay a fine of Rs.500/- for each offence and in default of payment of fine amount further R.I. for 2 months for each offence was ordered.

2. The prosecution case, in brief, is that Dhirsai (PW-1) made a report on 22/06/2018 at Police Station Premnagar that his mother-in-law Rameshwari Kotari went to field to work and while she was taking rest he went there to provide food wherein he saw that the appellant has assaulted his mother-in-law Rameshwari Kotari by an axe on his head in a hutment and thereafter after closing the hutment he was running away. When he went inside the hutment he saw that his mother-in-law was unconscious and injured. Having asked, she could not narrate anything subsequently she succumbed to such injuries. The motive was attributed tha