Circumstantial evidence, motive, and the accused's failure to explain incriminating facts establish guilt beyond a reasonable doubt.

1. The appellant stands convicted under S.302 I.P.C. to life imprisonment and fine of Rs. 1000/- failing which he would have to undergo 6 months further rigorous imprisonment as ordered by the Sessions Judge, Rajnandgaon (CG) in Sessions Trial No. 87/2009 on 26.10.2010.

2. The deceased Kumari Bai was the step - mother of the appellant residing in the same house with the appellant and his wife though, they were separate in mess and residence. The appellant's wife is stated not to have been present at the time of occurrence and neither has she been examined.

3. Merg information was recorded by the Police on 31.7.2009 at 8.00 pm on being informed by PW1, Smt. Bhaga Bai, Kotwar, marked as Exhibit P1. Merg Intimation numbered 54/2009 was recorded by PW1, the same day at 3.20 pm, marked Exhibit P24. First Information Report (FIR) No.232/2009 was recorded the same day at 3.50 pm by PW 13, Sachin Dev Shukla, the Investigating Officer, marked Exhibit P23. The appellant was alleged to have killed the deceased inside the house at about 7:00 pm.

4. The dead body was sent for postmortem with PW 3, Dharmendra Singh and was conducted by PW9, Dr. Y. K. Tiwari, marked as Exhibit P17. The Doctor found following injuries on the person of the deceased:
I. Incised wound of 3 'situated in between neck and ear; there was compound fracture of 4'x 3/4'x - ?' on mastoid process;
II. Incised wound of 2.5'x - ?' x - ?'on the scalp with fracture of parietal bone; there were 4 incised wounds on backside of the neck of 1.5 x - ?', 2'below injury No. 1 of 2.5'x 1.5'x 2', 2'X - ?'x 1.5'and 2'x - ?'x bone deep;
III. Incised wound of 1'below injury No.2 obliquely placed 2'x - ?' x 2 - ?' with fracture;
IV. Incised wound of - ?'below injury No.3;
V. Incised wound of 2'x - ?' x - ?'x bone;
VI.4 Lacerated wounds on the frontal neck, - (i) 2'x - ?'x bone deep with cutting of blood vessel (ii) 3'x - ?'x - ?'; (iii) 2'x - ?'x - ?' and (iv)4 x 1 x - ?';
VII. Lacerated wound of 3 x 3/4 x bone deep, there was compound fracture over the right shoulder.
On dissection, it was found that there were fractures up to C - 3 and G - 4 of spinal cord. Clotted blood was present.
Death was estimated to have occurred 48 hrs. earlier and in his deposition PW9, opined that death could have been caused by 'Kulhadi' sent to him for examination and on which he had found blood stains also.

5. The appellant was taken into custody on 31.7.2009 itself at 4.30 pm. His confession was recorded under S.27 of the Evidence Act the same day, marked Exhibit P12 leading to recovery of the sharp cutting weapon of assault from the terrace of the house; marked as Exhibit P15, on disclosure made by him. PW 13, asked the appellant to take off his vest and hand it over which also had blood stains on it, marked Exhibit P10. The memorandum and seizure list were signed by PWs 7 and 8. Exhibit P15 was additionally signed by PW11. The weapon of assault and the vest were both sent for forensic examination. The report, Exhibit P26 confirmed bloodstains on both.

6. The prosecution examined 13 witnesses. PW5, Pushpa Bai daughter of the deceased born from an earlier marriage, was not an eye - witness but deposed with regard to property dispute between the appellant and the deceased inherited from her mother, Fulbasan Bai for which the appellant was pressurizing the deceased and had threatened the witness also not to ask for her share.

7. PW 10, Kanhaiya Lal, the third husband of the deceased was also not an eye - witness and resided at another vi