1. The appellant has filed the present appeal being aggrieved by judgment dated 29.4.2009 passed by the Additional Sessions Judge, Sendhwa, District Barwani in Sessions Trial No.99/2008 whereby he has been convicted u/S. 302 of the IPC and sentenced to undergo life imprisonment and to pay fine of Rs.1000/- and in default of payment of fine amount, to further undergo three months additional RI.
Facts of the case in short are as under:

2. As per prosecution story, on 29.4.2008 near about at 9.00 pm., Laxman was sleeping outside his house. Near about at 10.00 pm., when his wife Retli Bai was feeding milk to her daughter, the present appellant - Pathaniya came there with an Axe in his hand and gave two blows on the neck of her husband Laxman. She shouted by taking his name as Pathaniya, then he fled away from the spot. Laxman died on the bed. Then the villagers viz. Vesla, Thawariya, Ramkishan, Dakhaniya and Ramla reached to the spot and saw Laxman lying dead on the bed. Re