A.L. Dave, J.—The appellant was the accused before Sessions Court, Vadodara, and was tried for offence of murder. He came to be convicted by judgement and order dated 16.05.2006 for the offence of murder punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life with a fine of Rupees One Thousand, in default, imprisonment for fifteen days. He was also convicted for offence punishable under Section 135 of the Bombay Police Act, 1951, and was sentenced to simple imprisonment for two months. Both the sentences were ordered to run concurrently. It is this judgement in Sessions Case No. 286 of 2005 dated 16.05.2006 by Sessions Court, Vadodara, which is under challenge.

2. The prosecution case in brief is that the appellant had eloped with Sonalben, sister of Kalpeshbhai Bhailalbhai Tadvi, the first informant, about two months prior to 19.07.2005. However, the appellant and Sonalben were separated by intervention of the community people as per their customs. It is the case of the prosecution that keeping a grudge on this count, the appellant went to the house of the first informant- Kalpeshbhai Bhailalbhai Tadvi in the night of 18.07.2