1. This appeal has been filed against the judgment of conviction and order of sentence dated 31.10.2006 passed by Additional Sessions Judge (FTC) Surajpur, in Sessions Trial No. 43/2006 convicting the accused / appellant under S.302, IPC and sentencing him to undergo imprisonment for life and pay fine of Rs. 1,00/-, plus default stipulation.

2. Name of the deceased in the present case is Lakhiya alias Sukhmen Bai with whom the accused / appellant is said to have a dispute previously. As per the case of prosecution, grand - son of the deceased was assaulted by the accused / appellant for which the report was lodged against him by the deceased. Further case of the prosecution is that on 7.12.2005 at 10 a.m. the accused / appellant went to the house of the deceased, took her somewhere along, committed her murder by throttling and threw her body behind the house of Jhagru Yadav (PW - 6) i.e. 37 feet away from her house. On 8.12.2005 body of the deceased was seen by Jhagru Yadav and at his instance merg Ex. P - 10 was recorded followed by registration of FIR Ex. P - 11 against the accused / appellant. In the FIR it is alleged that earlier also the accused / appellant had threatened the