1. This appeal arises out of the judgment of conviction and order of sentence dated 19.3.2007 passed by the Sessions Judge, Rajnandgaon (CG) in S.T. No. 61/06 convicting the accused / appellants under S.302/34 of the Indian Penal Code (for short 'the IPC') and sentencing each of them to undergo rigorous imprisonment for life and fine of Rs.500/-, in default to undergo simple imprisonment for three months.

2. In the present case name of deceased is Kailash Bai, mother of accused / appellant No.1 - Hemlal.

3. As per prosecution case, on 2.5.2006 in between 9.00 a.m. to 6.00 p.m. when the deceased was working in her field, the appellants reached there and committed her murder by strangulating her. At the instance of appellant No.1, merg intimation (Ex.P - 25) was recorded on 2.5.2006 at 10.30 p.m. Inquest on the body of deceased was prepared on 3.5.2006 vide Ex.P - 13. Body was sent for post - mortem examination which was conducted by Dr. S. S. Devdas (PW - 8) vide Ex.P - 19 and as per postmortem report, the cause of death was asphyxia resulting from strangulation. On 6.5.2006 memorandum of accused / appellant No.1 was recorded vide Ex.P - 7 which led to recovery of shirt and pant vid