K.J. THAKER, J.

1. The appellant-ori. Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated30.6.2008 passed by the learned Sessions Judge, Navsari in Sessions Case No. 84/2007, whereby, the learned trial Judge has convicted the appellants-ori. Accused under sec. 302 of IPC and sentenced him to undergo imprisonment for life and to pay a fine of Rs. 1000/-. The appellant is also convicted under section 135 of the Bombay Police Act and sentenced to undergo R/I for one month and to pay a fine of Rs. 100/-, which is impugned in this appeal.

2.1 The case of the prosecution is that on 20.9.2007 at about 19.30 hours in the evening, when deceased Motaliben @ Maniben wd/o Ukabhai Lavjibhai refused to give meal to the appellant, the appellant got excited and assaulted the deceased with stick. The appellant had given stick blows on the left hand and right leg. The appellant had also given kick and fist blows upon the deceased, due to which she became unconscious. Thereafter, she was taken to the Navsari Civil Hospital in a tractor, where doctor had declared her dead. Therefore, a complai