( 1 ) THE Appellant - accused Dharamshi @ Dhama Devabhai Koli and Samjuben Gordhanbhai Koli have challenged, in this Appeal, the impugned Judgment and order of conviction and sentence dated 25. 5. 1995, passed by the learned Addl. Sessions Judge, Rajkot, in Sessions Case No. 60 of 1992, whereby the learned Judge found both the accused guilty for the major offence u/s. 302 I. P. Code as well as u/s. 201 I. P. Code and sentenced both of them to suffer Life Imprisonment and to pay fine of Rs. 2000/- in default to further under-go one year R. I. for the offence u/s. 302 I. P. Code and R. I. for 3 years and to pay fine of Rs. 1000/- in default to further under-go R. I. for 6 months for the offence u/s. 201 I. P. Code.

( 2 ) IT is the prosecution case that Appellant accused No. 2 Samjuben was the widow of Mohanbhai. On the death of her husband Mohanbhai, she married with Gordhanbhai, aged about 17, younger brother of deceased Mohanbhai, as per their caste customs by way of "diyar Vatu". The Appellant - accused No. 1 Dharamshi @ Dhama, aged 30, was staying as their tenant in the house of accused No. 2 Samjuben. Gordhanbhai, 2nd husband of accused No. 2 Samjuben was of a