Sanjay K. Agrawal, J

1. Assail in the present criminal appeal filed under Section 374 (2) of the CrPC preferred by the appellant herein is to the legality, validity and correctness of the judgment dated 30.01.2018 passed by the Additional Judge, Dongargarh, to the Court of 1^st Additional Sessions Judge, Rajnandgaon, District Rajnandgaon, Chhattisgarh, in Sessions Trial No. 18/2016, by which the appellant herein has been convicted for offence under Section 302 of the IPC and sentenced thereunder to suffer rigorous ₹ imprisonment for life with fine of 5,000/-; in default of payment of fine amount the appellant has to undergo additional rigorous imprisonment for 1 year.

2. In the instant case, earlier the charge against the appellant was framed on 15.07.2016 for offence under Section 306 and thereafter, in alternative the charge for offence under Section 302 of the IPC was framed on 06.09.2017.

Prosecution story:-

3. Factual matrix of the case, in brief, is that between 14.03.2016 and till the morning of 16.03.2016 at about 7:30 am, near the dam situated Village Kumhada tola, Police Station Dongargarh, District Rajnandgaon, Chhattisgarh, the appellant herein by refusing to marry Kumar