J.R. Vora, J.—The instant appeal is preferred by the appellant under Section 374(2) of the Code of Criminal Procedure and is directed against the judgment and order rendered by the Additional Sessions Judge, Ahmedabad City, Court No. 5 on 20.9.2000 in Sessions Case No. 115 of 1999 wherein learned trial Judge convicted the appellant accused in Sessions Case for the offence punishable under Section 302 of IPC and he was sentenced to undergo imprisonment of life and to pay a fine of Rs. 100/-, in default, to undergo rigorous imprisonment for one week.

2. The prosecution case as has been disclosed, the deceased in the incident was Minaben, aged 17 years and the daughter of Kamlaben P.W. 1. Kamlaben along-with her two sons and daughter Minaben were staying on rent in House No. 30/2, Jaishankar Society, Post Office Street, Thakkarbapanagar, Ahmedabad. The husband of Kamlaben was serving as Cook in the hotel at Highway at Kalol. It appears that there was cluster of 4 - 5 houses where Minaben was staying and there was only one common lavatory for all the occupants who were tenants in such houses. Adjoining to lavatory, the house of the father of the accused was situated and accused