1. This appeal has been filed against the judgment of conviction and order of sentence, dated 25.09.2008 passed by the Sessions Judge, Raigarh District Raigarh (C.G.) in Sessions Trial No. 137 of 2007, convicting the accused / appellant under S.302 of the IPC and sentencing him to undergo imprisonment for life and to pay fine of Rs.1,000/-, in default of payment of fine amount to further undergo R.I. for six months.

2. As per prosecution case, on 28.08.2007 deceased Sakharam came to the house of appellant along with two other persons namely Raghu Rathiya (PW - 2) and Lohari Ram (PW - 12), a deaf and dumb, and all of them had consumed liquor in the house of the appellant. It is said that on account of damage caused to the crop of accused / appellant by the cattle of deceased, some dispute cropped up between deceased and accused and they started quarreli