1. This criminal appeal filed under S.374(2) of the Code of Criminal Procedure, 1973 takes exception to the judgment dated 17/11/2011 passed in Session Case No. 191/2011 decided by learned Sessions Judge, Chhindwara, whereby appellant was held guilty for committing offence under S.302 of IPC and directed him to undergo sentence of Life imprisonment with fine of Rs.1,000/-, with default stipulation.

2. As per prosecution story, deceased Dadu alias Ismile was an employee of Raju Thakur. He used to reside in the agricultural field of Raju Thakur with family. On 17/06/2011, the family members of Dadu alias Ismaile went to Hingan Ghat and he alone was there in his 'Kotha'.

3. The employer of Dadu namely Raju Thakur was coming back from Nagpur at around 12 O'clock in the night. He found that Dadu is roaming around the bus stand with other persons. He stopped his vehicle and scolded Dadu as to why he is not guarding the agricultural field and roaming around near bus stand. Dadu agreed to go back for his duties to the agricultural filed. Along with Dadu, appellant Chhagan alias Bhura and Sanjay reached the Kotha of Dadu. In the Kotha, a sudden quarrel took place between Dadu and the appellan