J. C. UPADHYAYA, JJ.

( 1 ) THE challenge in this appeal is to the judgment and order rendered by the learned Additional Sessions Judge, Fast Track Court No. 1, Bhavnagar on 24. 09. 2003 in Sessions Case No. 37 of 2002, whereby the appellant, who was original accused in the said case came to be convicted for the offences punishable under Section 302 of the IPC and Section 135 of the Bombay Police Act and the appellant accused was sentenced to undergo life imprisonment and fine of Rs. 1000/- and in default of payment of fine, S. I for one year for the offence punishable under Section 302 of the IPC and S. I for four months and fine of Rs. 250/- and in default of payment of fine, imprisonment for two months for the offence punishable under Section 135 of the Bombay Police Act. He has challenged the impugned order recording his conviction and sentence by preferring this appeal.

( 2 ) THE prosecution case in nutshell is that deceased Haribharthi Lalbharthi was serving as watchman at Crematorium, sitauted in Mahuva town of District Bhavnagar. On 5. 11. 2001, deceased Haribharthi and his son Nitinbharthi (PW-3) came to Mahuva from their Village Logia and at about 12 in the noon, when they

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