JUDGMENT :

Virender Singh, J.

1. The appellant has preferred this appeal challenging his conviction under Section 302, Indian Penal Code and sentence of Life Imprisonment with fine of Rs. 500/- and in default Rigorous Imprisonment for one month awarded by Additional Sessions Judge, Nowgaon, District Chhatarpur vide judgment dated 30th April, 2011 delivered in Sessions Trial No. 211/2007.

2. The prosecution case, in brief, is that prior to the incident, a theft was committed in Kalimai Temple in the intervening night of 22-23rd October, 2005 wherein silver crown and girdle (Chandi Ka Mukut and Kardhani) were stolen. Siyasharan Choubey (deceased) was a priest of the temple and he lodged F.I.R. No. 1395/2005 under Sections 457 and 380 I.P.C. suspecting Narendra (appellant). He was prosecuted and acquitted vide judgment dated 21.4.2009.

3. On 7.7.2007, at 11:30 a.m. when the deceased was inside his house, the appellant came and started shouting outside the house. He (appellant) challenged him (deceased) to come out of the house. Responding his call when the deceased came out and asked him as to what happened, He alleged that he had implicated him in the case of theft and wielded helm/oar o