Kemkar, J. -- By this appeal, the appellant is assailing the judgment dated 14.10.1991 passed in Sessions Trial No. 44/88, by the First Additional Sessions Judge, Sidhi, whereby he has been convicted under section 302 of the Indian Penal Code and sentenced to rigorous imprisonment for life and fine of Rs. 1,000/-. The trial Court has, however, acquitted the co-accused persons, namely, Chotelal, Pannalal and Chitanand.

According to the prosecution, on 19:1.1988, at about 1.30 p.m. one Bhagwat Prasad while going towards village Panikabandha alongwith Vijay Singh (PW 2), Gopal and Rama heard the sound of cutting of a tree from forest near village Titaria. Bhagwat Prasad was a forest Guard. When he went to the place from where the sound was coming, he saw appellant Shubhkaran and Chitanand cutting a tree by their axes. Bhagwat Prasad asked then not to cut the tree and insisted for handing over their axes to him. Both of them after initial protest handed over their axes to Bhagwat Prasad. Vijay Singh (PW 2) held the axe of Shubhkaran. Thereafter, all' of them left the place and as they reached village Titaria, Shubhkaran suddenly snatched the axe from Vijay Singh (PW 2)