M. CHHAYA, J.

(1) The present appeal arises out of the judgment and order dated 10-9-2004, rendered by the learned Additional Sessions Judge, FTC-6, Rajkot, in Sessions Case No. 168/2003, convicting the appellant-accused for the offences punishable under Sections 302 and 504 of the Indian Penal Code ("IPC" for short) and sentencing him to undergo imprisonment for life and to pay a fine of Rs. 2,000/- and in default of payment thereof to undergo further R. I. for one month. For committing offence under Section 504, he was sentenced to undergo S. I. for two months. Both the sentences were ordered to run concurrently.

(2) The prosecution case, briefly stated, is that the appellant had given advance of money to deceased Sarabhai and in spite of repeated oral demands made by the appellant accused, the deceased did not repay the amount so advanced and, therefore, on 31-7-2003 at about 12.30 hours, near Makwana Pan Centre, Ambedkarnagar corner, on Gokuldham main road, Rajkot, the appellant met the deceased and got excited and gave filthy abuses to the deceased. It is the further case of the prosecution that the appellant took out a rampuri knife from the waist band of his pants and inflicted one fatal blow on right side below the armpit and two fatal blows on the upper right arm of the deceased with rampuri knife, as a result of which the deceased fell down and the appellant ran away with knife. The deceased was shifted to Madhuram Hospital by the witnesses on the Honda motorbike of Laxmanbhai, where the doctor declared him dead. Vajubhai Bhikhabhai Jogarana, therefore, lodged FIR with Malaviyanagar Police Station, Rajkot city.

The investigating officer registered the F. I. R. and started investigation. The I. O. recQrded the statements of the complainant, other eye witnesses, doctor and other persons, who were found conversant with the facts of the case. The incriminating articles, which were seized during the course of investigation, were sent to F. S. L. for analysis. After obtaining Serological Report as well as ascertaining the cause of the death and on completion of the investigation, the appellants were charge sheeted in the Court of learned J. M. F. C. Rajkot, for the offences punishable under Sections 302, 504 and 188 of the IPC. As the offence punishable under Section 302 IPC is exclusively triable by a Court of Sessions, the case was committed to Sessions Court, Rajkot, for trial, where it was registered as Sessions Case No. 168/ 2003.

(3) The learned Judge of the trial Court framed charge at Exh. 10 against the appellant-accused for the offences punishable under Section 302, 504 and 188 IPC. The charge was read over and explained to the appellant, who pleaded not guilty to the same and claimed to be tried.

(4) After recording of evidence of the prosecution witnesses was over, the learned Judge explained to the appellant the circumstances appeaing against him in the evidence of the prosecution witnesses and recorded his further statement as required under Section 313 of the Code of Criminal Procedure. In his further statement given by way of additional statement, the case of the appellant was that deceased Sarabhai had borrowed money from the appellant and the deceased did not repay the same in spite of repeated demands. It is the further case of the appellant that on the date of incident when he was passing through Gokuldham main road, Ambedkarnagar fof going to his residence situated at Punitnagar, deceased Sarabhai Gagjibhai Jograna, Haribhai, Mithabhai and other persons of Khodiyarnagar, encircled him near Makwana Pan Centre and they made assault on him with chhari and stones with an intention to kill him and when deceased Sarabhai tried to inflict a blow with chhari, the appellant snatched away the chhari from the deceased and in exercise of a right of private-defence, caused the above referred to injuries to deceased Sarabhai. He has further stated he had no any intention to kill deceased Sarabhai. After apprec