JUDGMENT

J.B. PARDIWALA, J.

1. This appeal is at the instance of a convict-accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 21st September, 2004, passed by the learned Additional Sessions Judge, 4th Fast Track Court, Banaskantha at Deesa, in Sessions Case No.51/2003. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment.

2. Case of the Prosecution :

The accused was married to the deceased and during the wedlock two daughters were born. The deceased had an illicit relationship with one Sendha, who happened to be the son of the uncle of the accused. As the deceased had developed intimacy for the said Sendha, the deceased used to frequently visit him on the pretext of going at the house of her parents. The people in the village started discussing about the illicit relations of the deceased with Sendha, due to which the accused