1\. This appeal is directed against judgment dated 19th January, 1996 passed in Session Trial No. 147/1995 by the Second Additional Session Judge, Bilaspur. By the impugned judgment, accused / appellant Gunaram has been convicted under S.302 and S.325 of the Indian Penal Code and sentenced to undergo imprisonment for life and rigorous imprisonment for three years, respectively. Both the sentences are directed to run consecutively.

2. The facts, briefly stated, are as under:
On 1-10-1994, at about 8.00 a. m., deceased Sitaram and Narbada Prasad alias Lallu (PW - 2) were going to Gadhiyakhar. At the same time, the appellant was returning from Gadhiyakhar. He was armed with an iron Chatwar. When the deceased and Narbada Prasad alias Lallu (PW - 2) reached near the appellant, the appellant assaulted on the head of the deceased with the Chatwar. Narbada Prasad alias Lallu (PW - 2) snatched the Chatwar from the appellant and ran away from there. On the way, Narbada Prasad alias Lallu (PW - 2) met with Ghurau Ram (PW - 3). Narbada Prasad alias Lallu (PW - 2) narrated the incident to Ghurau Ram (PW - 3) and thereafter they returned to the place of occurrence. While deceased Sitraram, Nar