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 dated 16.02.2017 and order of sentence dated 21.02.2017 passed by learned Additional Sessions Judge-VI, Garhwa in Sessions Trial No. 131 of 2016, arising out of Kharaundhi P.S. Case No.04 of 2016 corresponding to G.R. Case No.80 of 2016, whereby and whereunder, the appellant has been sentenced to undergo rigorous imprisonment for life alongwith fine of Rs.20,000/- for the offence committed under Section 302 of IPC and compensation of Rs.20,000/- and in default of payment of fine, the same has been directed to be recovered from the movable and immovable property of the convict.

Facts:

2. The prosecution story in brief as per the allegation made by the informant, read as under:

On 07.01.2016 at about 9:00 pm, the accused Satya Narayan Singh and deceased Dinanath Singh has altercation after they have taken liquor. Dinanath Singh was scolding his child for not studying and on this Satya Narayan Singh did not feel happy / comfortable / amused. He got angry and brought a tangi (axe) from his house and assaulted Dinanath Singh