JUDGMENT :

(Sujit Narayan Prasad, J.)

1. The instant appeal, under Section 374 (2) of the Code of Criminal Procedure, has been preferred against the judgment of conviction and order of sentence dated 11.12.2012 passed by learned Principal Sessions Judge, Simdega in Sessions Trial No.93 of 2008 arising out of Jaldega P.S. Case No. 11 of 2008, corresponding to G.R. No. 127 of 2008, whereby and whereunder, the appellant has been convicted for the offence under Section 302 of the IPC and sentenced to undergo rigorous imprisonment for life.

2. The prosecution story in brief, as per the fardbeyan, reads as under:

According to the fardbeyan of widow of the deceased that on 09.04.2008 at about 8:45 p.m., the deceased along with his son Gurucharan Kulla was going to guard the bridge after taking meal. At about 9:00 p.m., her son came with fear and disclosed the incident to his mother while crying that uncle Mukund Kulla has killed his father with axe and when she came out and noticed, her husband was lying by side of the well, west to the house, with profuse bleeding and the accused was fleeing away from the village along with an axe in hand. Thereafter, on raising the alarm, the villagers c