Bankim N. Mehta, J.—The appellant has preferred this appeal and challenged the judgement and order of conviction and sentence passed by learned Additional Sessions Judge, Fast Track Court No. 3, Himatnagar on 21.1.2004 in Sessions Case No. 215 of 2003 convicting him for the offence under Section 302 of Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 200/-, in default, to further undergo rigorous imprisonment for one month.

2. According to the prosecution case, accused had a suspicion that deceased Hemtaji @ Himmatsinh Pujsinh Makwana had illicit relation with his wife Rajuben. Therefore, keeping grudge of the suspicion, on 21.8.2003 at about 10.30 hours the accused caused two injuries with dharia on the neck of said Hemtaji. On account of the injuries, Hemtaji died.

3. On the basis of the First Information Report lodged by Jalamsinh Pujsinh Makwana before Gambhoi Police Station, offence was registered and investigation was started. During the course of investigation, panchnama of scene of offence and inquest panchnama were drawn, dead body was sent for postmortem and statements of the witnesses were recorded. The accused produced weapo