JUDGMENT

(PER : 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 15th July 2008 passed by the learned Additional Sessions Judge, Fast Track Court No.3, Chhota Udepur, in Sessions Case No.23 of 2008.

2. By the aforesaid order, the learned Additional Sessions found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment with a fine of Rs.10,000/- and in default of payment of fine further rigorous imprisonment for the period of one year.

3. In absence of any evidence to establish the charge of Section 504 of the Indian Penal Code, the accused-appellant was acquitted of the offence punishable under Section 504 of the Indian Penal Code as well as of the one punishable under Section 135 of the Bombay Police Act as the prosecution failed to prove that on the date of the commission of offence there was a notific