1. Accused / appellant preferred the captioned criminal appeal against his conviction recorded by learned Additional Sessions Judge (FTC), Rajnandgaon on 5.4.2010 under S.302 of the Indian Penal Code (for short ' the IPC - ) for which he is sentenced to life imprisonment.

2. Facts giving rise to this appeal are that on 20.8.2009 complainant Gautam Bai (PW - 2) while returning from the grocery shop was hurling abuses at her daughter Saresh. Renuka and Poonam, daughter of appellant, who were coming from opposite direction, though that Gautam Bai was abusing them and accordingly they went to their house and informed the accused / appellant of the incident on which he came on the spot with club and assaulted on the left side of the stomach of deceased as a result of which he died. FIR (Ex.P - 21) was lodged by Gautam Bai (PW - 1) on 21.8.2009 against accused / appellant under S.302 of IPC. Inquest on the body of deceased was prepared on 21.8.2009 vide Ex.P - 6. Body was sent for post - mortem examination which was conducted by Dr. (Smt.) Seema Thakur (PW - 9) vide Ex.P - 10A and she noticed only one contusion on the upper side of left abdomen of 4'''' x 2'''' x 1'''' in size. The caus