Judgment :

Rajani Dubey, J.

1. This criminal appeal under Section 374(2) of the Cr.P.C. is directed against the impugned judgment and order of sentence dated 22.05.2019 passed by Second Additional Sessions Judge, Surajpur, District Surajpur (C.G.). in S.T. No. 06/2019, whereby the appellant has been held guilty of commission of offence and sentenced as described below:-

2. The case of the prosecution, as unfolded from the impugned judgment and the records of the case, is that on the intervening night of 03.12.2018 at between 11pm-12am at village Badkapara, Surajpur, someone with an intention of killing Lal Sai Bargah assaulted on his head with an iron axe “tangi”. Thereafter, a morgue intimation was lodged in the police of Police Station Surajpur by Ambika Prasad Bargah, in which it was alleged that on 04.12.2018 at about 6:00 a.m. one Golu Rajwade of his vicinity informed him that the body of his father was lying nearby the house of the appellant and thereafter, an F.I.R. was lodged against the unknown person vide crime no. 490/18 by the complainant Ambika Prasad Baiga and the case was taken up for investigation. Subsequently, the police investigated the matter and on the basis of me