1. This appeal has been preferred being aggrieved by the judgment dated 19.07.2014 passed by First Additional Sessions Judge to the Court of Additional Judge, Chhindwara in ST No.329/2013 by which the appellant has been convicted for the offence punishable under S.302 of the IPC and sentenced to suffer R.I. for life imprisonment with fine amount of Rs.1,000/- with default stipulations.

2. In nutshell, the prosecution case before the trial Court was that the deceased Shantibai was the resident of Thawadikhurd, Police Station - Parasia, District - Chhindwara and appellant was cultivating his agricultural land on sharing basis. On 27.08.2013 at about 8:00 PM, a quarrel had taken place between the deceased Shantibai and appellant Ganaram alias Gannu regarding payment of crop on that the appellant started assaulting the victim with hands and fists and dragged her towards Nala of the Village. Mahtab (PW - 3) and Killu Nagvanshi (PW - 8) went towards the spot and the appellant thrown the deceased Shantibai in a Well. Her relatives visited the Well where the dead body was laying down. Her relative Vishram Nagvanshi (PW - 17) lodged the FIR in reporting Police Station - Parasia on 28.08.2013 at about 2:20 AM and also information of unnatural death was registered as Crime No.400/2013. Investigating Officer, H.S. Gour (PW - 12) registered the case and visited the spot Village Thawadikhurd, dead body was pulled out from Well. Inquest report was prepared. Dead body was sent for postmortem. Spot map was prepared and from the spot a metallic anklet and two buttons were recovered. As per the postmortem report, deceased died due to drowning. The appellant was arrested and on his information, his shirt was recovered. After usual investigation the charge - sheet was submitted before the Judicial Magistrate First Class, Parasia, on commitment and transfer, the case was submitted before the trial Court.

3. Trail Court framed the charges under S.302 of the IPC against the appellant and read over to him on that the appellant / accused abjured the guilt and prayed for trail.

4. Learned trail Court recorded the statement of prosecution witnesses and examined the appellant. The appellant has pleaded that he has been falsely implicated. The deceased died in an accident and the family members / relatives of the deceased has falsely implicated the appellant in the offence.

5. The trial Court after hearing the parties passed the impugned order, hence, this appeal.

6. Shri J.K. Dehariya, learned counsel for appellant has submitted that there is no eye witness who has seen that the appellant threw or pushed the victim into the Well. Witness Smt. Indrakali (PW - 2) who is said to be an eye witness of the incident of throwing the deceased into the Well and sister - in law (devrani) of the deceased, as per para - 9, has stated that the incident had happened in the night and being darkness it was not possible to her to see what was happening in the Well and has also submitted that she only heard the sound of something falling into the Well and she had not seen that who had thrown to whom. She was not able to see that someone fell down into the Well and she has clearly stated before the Police Officer that due to darkness she was not able to identify who had fallen into the Well and she heard only the sound of falling into the Well. She had not seen that the appellant was throwing the deceased into the Well.

7. Learned counsel for appellant has further submitted that Vishram Nagvanshi (PW - 17) has stated that he is the eye witness of the incident but has also stated that the appellant was dragging the victim towards the Nala of the Village and on the information by Smt. Indrakali (PW - 2), Amna Prasad (PW - 5) and Killu Nagvanshi (PW - 8) have also stated that the appellant threw the deceased into the Well. But this witness has never stated that he tried to intervene in the matter as the deceased was the wife of his uncle's son and learned counsel for appellan