JUDGMENT

M.C. Garg, J.

1. This judgment shall dispose of the aforementioned criminal appeal filed by Shri Hemraj assailing the judgment dated 24.12.2005, passed by learned Additional Sessions Judge, Kannod in S.T. No. 170/2005 by which the appellant has been convicted for offence under Section 302 of IPC and sentenced to undergo R.I. for life besides payment of fine of Rs. 15,000/- and in default of payment of fine to further undergo additional R.I. for two years. As per the case of the prosecution, deceased Ranjeet who is the father of the complainant had illicit relationship with one Meerabai, wife of his elder brother. In view of the aforesaid, there used to be hot talks between the deceased Ranjeet and Hemraj, elder brother of the complainant, as Hemraj used to question the illicit relationship between the father Ranjeet and Meerabai. On 20.04.2005, when Hemraj alongwith his nephew Devkaran was going out for duty in jungle alongwith axe, the deceased asked Hemraj to advice his wife not to quarrel with Meerabai. On that Hemraj gave a blow with axe on the parietal region of Ranjeet, because of which Ranjeet fell down. Thereafter, Hemraj again caused a blow with axe on both legs of