JUDGMENT

HONOURABLE MR.JUSTICE J.B.PARDIWALA)

1. The present 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 5th May, 2006, passed by the Addl. Sessions Judge, Fast Track Court-II, Chhota Udepur, Dist: Vadodara in Sessions Case No.70 of 2004. By the aforesaid order, the learned Addl. Sessions Judge found the appellant guilty of the offence punishable U/s.302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment and to pay a fine of Rs.100/-. In default of payment of fine, the appellant was directed to undergo further rigorous imprisonment for one month. The learned Addl. Sessions Judge also declined to give benefit of set off of the period of detention undergone by the accused U/s.428 of the Criminal Procedure Code.

2. Case of the Prosecution :

2.1 The deceased Naranbhai Jandubhai was residing at Village Moti Sadhli situated in Ta: Chhota Udepur, Dist: Vadodara with his wife and children. On 28th May, 2004, there was a religious function at the house of one Chhitubhai Anudiyabhai Rathva resident of village Moti Sadhli. A