SANJAY K.AGRAWAL, J. - (1.)This criminal appeal under Sec. 374(2) of the CrPC is directed against the impugned judgment of conviction recorded and sentence awarded by the learned Sessions Judge by which the appellant has been convicted for offence under Sec. 302 of the IPC and sentenced to undergo imprisonment for life and pay fine of ? 1,000/-, in default, to further undergo additional simple imprisonment for two months.
(2.)Case of the prosecution, in brief, is that on 1/2/2012 at 11.30 p.m. at Village Banskund, in the house of Sahdev, the appellant assaulted deceased Prem Singh by axe by which he suffered injuries and died instantaneously. Further case of the prosecution is that on the date of incident, birthday party of Kumari Kunti Teta (PW-4) was organised in which Satish Kumar Vishwakarma (PW-1), deceased Prem Singh and appellant Itwaru Ram, all participated and since appellant Itwaru Ram was under the influence of liquor, some altercation took place and Prem Singh slapped him and thereafter, in the late night at 11.30 p.m., when Prem Singh was sleeping in separate part along with Haresh (PW-2), then the appellant armed with axe came and assaulted Prem Singh on his neck and other parts of the body by which he suffered grievous injuries and died. Morgue was registered vide Ex.P-2 and FIR was registered vide Ex.P-1. Panchnama was prepared vide Ex.P-8. Dead body of the deceased was sent for postmortem which was conducted vide Ex.P-12 by Dr. S.S. Nag (PW-6) in which cause of death was stated to be cardio-pulmonary arrest and successive haemorrhage due to rupture of heart and lung and death was homicidal in nature. Axe was seized vide Ex.P-5 from Haresh (PW-2). Plain soil and bloodstained soil were seized from the spot vide Ex.P-
4. Other articles were also seized from the spot. Seized articles were sent for forensic examination to the FSL, Raipur from where report Ex.P-16 was received in which blood was found on all articles except plain soil.

(3.)Statements of the witnesses were recorded under Sec. 161 of the CrPC. After due investigation, the accused / appellant was charge-sheeted for offence under Sec. 302 of the IPC and charge-sheet was filed before the jurisdictional criminal court i.e. Chief Judicial Magistrate, Kanker, and the case was committed to the Court of Sessions, North Bastar Kanker, where trial was conducted.