JUDGMENT

Shah, J.-This appeal is filed against the judgment and order dated February 21, 1997 in Criminal Appeal No. 395 of 1985 passed by the High Court of Gujarat whereby the Court partly allowed the appeal of the State and set aside the judgment and order dated January 31, 1985 rendered in Sessions Case No. 85/84 by the Addl. Sessions Judge, Junagadh acquitting the appellant and convicted him for the offence punishable under Section 302 IPC and imposed sentenced for life.

2. It is the prosecution story that original accused No. 1 approached the father of PW 2 Bhana Puna for rendering assistance for construction of house at Una district Junagadh. Father of PW 2 gave some amount, which resulted into close relationship between two families. Thereafter, deceased Naran Puna had gone to Bombay for further studies in the year 1974 and stayed with the family of accused No. 1. It is alleged that accused No. 1 was having five to six wives and Narmada was one of them with whom deceased developed some relations; Hence deceased was thrashed by the accused and thereafter at the request of PW 2 he was permitted to go to Una. Subsequently, accused No. 1 (father of the appellant) and appellant (a