JUDGMENT :

Prafulla C. Pant, J.

1. These appeals are directed against the judgment and order dated 15.07.2008, passed by High Court of Gujarat in Criminal Appeal No. 411 of 1986, whereby the High Court has allowed the appeal filed by State of Gujarat, and set aside the judgment and order dated 31.12.1985 passed by Additional Sessions Judge, Bhuj in Sessions Case No. 26 of 1985, recording acquittal of Harijan Bhala Teja (appellant before this Court). The High Court has convicted the accused under Section 302 of Indian Penal Code (IPC). By separate order dated 21.07.2008, after hearing on sentence, the High Court has sentenced the accused to imprisonment for life and also directed to pay fine of Rs.100/-.

2. Prosecution story, in brief, is that Jivibai (deceased) was married to appellant Harijan Bhala Teja. They used to live in village Nani Chirai. The deceased was carrying pregnancy of eight months. The prosecution case is that she was murdered on 20.02.1985 between 08 hours to 12 hours by the appellant, by strangulating her, and burial was done without informing and waiting for arrival of any of relatives from the parental side of the deceased. On 01.03.1985, PW-1 Vaja Ala (father of