1. This criminal appeal preferred by the appellant under S.374(2) of Cr.P.C. is directed against the impugned judgment dated 16.01.2014 passed by learned Sessions Judge, Korba, in Sessions Trial No.52/2013, by which the appellant herein has been convicted for the offence under S.302 of Indian Penal Code and sentenced to imprisonment for life with fine of Rs.2,000/- and in default of payment of fine, further 1 year imprisonment.

2. Case of the prosecution, in short, is that the appellant and deceased both were brothers and residing separately in one house and admittedly on the date of offence, dispute regarding partition of ancestral property was in existence. On the date of incident, on 21.04.2013, at about 3:00 P.M., the deceased Pooran Singh abused the appellant herein on the pretext of partition and assaulted hi