JUDGMENT

Arijit Pasayat, J.-One Hasmukhbhai Patel (hereinafter referred to as the deceased ) was the victim of homicidal death on 12.8.1993. The appellant Dhirajbhai was alleged to be the assailant. The learned Additional Sessions Judge, Surat, held him guilty of offence punishable under Section 302 of Indian Penal Code, 1860 (for short IPC ) and sentenced to suffer imprisonment for life and to pay fine of Rs. 2000/- with default stipulation. It was further directed that in case fine is paid, the same is to be paid to the deceased s widow Dahiben as compensation. Appeal before the High Court of Gujarat did not bring any relief to the accused-appellant and by the impugned judgment conviction and sentence were upheld.

2. Accusations which led to trial of the accused-appellant are as follows :

Dahiben (PW 1) and the deceased were staying in house No. 7/1427 situated in Dhastripuara in the city of Surat with her two sons Dhanesh (PW 3) and Narendra. About 10 days prior to the date of occurrence accused-appellant had taken his small daughter to the in-law s house and have kept her there. On his return, the deceased scolded him for leaving a small child at a distant place and the accused