H.B. Antani, J.—This appeal preferred under Section 374[2] of the Code of Criminal Procedure, 1973 [“Code” for short], is directed against the judgment and order dated 31.1.2004, passed by the learned Additional Sessions Judge, Rajkot in Sessions Case No. 351 of 1993 by which the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 read with Section 34 of Indian Penal Code, 1879 [“IPC” for short] and sentenced him to life imprisonment with fine of Rs. 5,000/-, in default, simple imprisonment for three months. The learned Sessions further convicted the appellant under Section 201 read with Section 34 of IPC and sentenced him to simple imprisonment for three years with fine of Rs. 1,000/-, in default, simple imprisonment for one month. Charge against the appellant was framed vide Exhibit 1 on 15th July, 2002, which reads as under:—

“You Accused Aniruddhsinh Chatursinh Jadeja, residing at village Mota Mava, Ta./District Rajkot and Vibhaji Khangarji-accused 2 were cousins. Said Vibhaji was the Sarpanch of village Mota Mava. Deceased Valjibhai Raghavbhai Patel was taking leading part in village in every matter and he was also taking active p