1. The Accused/Appellant preferred this Appeal through jail against his conviction for offence punishable under section 304 Part I of IPC and sentence to undergo R.I. for 7 yeaars and to pay a fine of Rs. 1000/- and in default to pay fine, to undergo further R.I. for 6 months.

2. At the outset it should be noted down that the accused was convicted by the Sessions Court, Daman on 28-5-1998 and was sent to jail to undergo sentence. He filed this appeal through jail on 3-11-2000 and the Appeal came to be registered in 2001 but unfortunately it was never placed before the court for admission prior to 13th March 2007. After the matter was placed for admission the Appeal was admitted and the Appeal is fixed for final hearing. Meanwhile, the report was called and it was revealed that on 2nd January 2003 the accused was released on bail after undergoing complete sentence including the sentence in default to pay fine. Thus hearing and disposal of the Appeal is a mere formality required to be completed under law.

3. Prosecution case in brief, is that the deceased Pravin was son of unfortunate accused/appellant. They were living together at Bhramanfalia, Bhimpore, Nani Daman. The incident of this case occurred on 28-6-1997 at about 2.30 p.m. Some quarrel took place between the accused and his son and due to that quarrel, the accused lifted a brick and gave some blows to his son with the said brick, due to which he sustained bleeding injuries on the neck and collapsed. P.W. 2 Kashiben Harjibhai, who is the sister of the accused, had come to the spot at the time of the incident to give food to deceased Pravin and she saw the accused assaulting Pravin and shouted. Hearing her shouts P.W. 3 Ranchhod Karia, who is the neighbour, also came to the spot of incident. He also saw the accused person at the spot with a brick in his hand and his son lying on the ground. The accused, thereafter, ran away from the spot. According to the prosecution, the accused went to the house of P.W. 4 Ramubhai Patel, who was the sarpanch of the village but Ramubhai Patel himself was not present and the accused left a message with the daughter of P.W. 4 Ramubhai Patel that his son Pravin was not well. Leaving this message, he went away. P.W. 4 Ramubhai Patel returned home at about 9 p.m. and got the message and he went to the house of the accused and found that Pravin was lying dead. Then he gave information to the police of Daman Police Station, where his report was reduced to writing. On the basis of that report, Crime No. 107/97 was registered at Police Station Daman under section 302 of IPC against the accused.

4. On the next day inquest panchnama and spot panchnama were conducted. The post mortem examination was carried out. Statements of certain witnesses were recorded. The accused was absconding and was arrested on 6-1-1997. On the basis of the information given by him, the blood stained brick was recovered from the house of the accused. After investigation the charge sheet was filed.

5. Charge was framed against the accused under section 302 of IPC. He pleaded not guilty. According to him, he was falsely implicated because of election politics of the village. In all 5 witnesses were examined by the prosecution. After hearing both sides the learned trial court sentenced the accused as stated above.

6. Out of the 5 witnesses examined by the prosecution, P.W. 2 Kashiben Harjibhai is the sister of the accused and she claims to be the eye witness of the incident. P.W. 3 Ranchhod Karia is the neighbour and according to him, he came to the spot after hearing the cries of P.W. 2 Kashiben. There is no other witness of the actual incident. As per evidence of P.W. 2 Kashiben on 28-6-1997 at about 2.30 p.m. she was returning home after completing her work and at that time, she went to the house of the deceased for giving him food. In the beginning of the exami