J.B. PARDIWAL, J.

The present appeal is at the instance of a convict accused of the offence of murder punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 5th April 2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Surat, in Sessions Case No.159 of 2007.

2. 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.

I. Case of the Prosecution :

3. The deceased viz. Laxmiben and the accused had live-in relationship. The accused was not doing any work, whereas the deceased was working with a Corporation at Surat. She was doing domestic work like cleaning, sweeping etc. The deceased used to visit the accused at village Bodhan time to time. On th March 2007, the deceased had come to village Bodhan and stayed for a night at the house of the accused. At around 10 O'clock in the night, the deceased advised the accused to do some work, as a result the accused got furious and hit blows on the body of the deceased indiscriminately with a stick resulting in the fracture of the left hand. It is also the case of the prosecution that on the next day i.e. on 27th March 2007, the accused once again assaulted the deceased with a stick. On the next day i.e. on 28th March 2007, the deceased succumbed to the injuries.

4. It appears that the PW1 Rameshbhai Vasava, brother of the deceased, lodged an F.I.R. Exh.7 at the Mandvi Police Station, Camp Bodhan, stating that the deceased was his sister and was married before 25 years with Naginbhai, a resident of village Khuleshwar, but the marriage was dissolved within a month thereafter. It is further stated by the PW1 that before 10 years, the deceased fell in love with the accused residing at Navi Nagri, village Bodhan and started living with the accused. It is also stated that the deceased and the accused used to stay together at the house allotted to the deceased by the Corporation. In the live-in relationship between the two, no issues were born. It is also stated in the complaint that the accused and the deceased used to consume liquor and thereafter fight with each other quite frequently. On 26th March 2007, the deceased had come to the house of the first informant at around 5 O'clock in the evening and after staying there for some time, returned to her house. It is stated that on the previous day one Ishwarbhai Rathod had come to the house of the first informant at around 8 O'clock in the night and informed the first informant that his sister, the deceased, had been assaulted by the accused with a stick. The first informant was also told by Ishwarbhai that the deceased was not in a position to move and had asked him to convey to the first informant that the first informant should come and see the deceased at her house.

5. According to the first informant, he was quite afraid of the accused and, therefore, had not gone to see his sister. It is further stated that on 26th March 2007 in the morning at around 7 O'clock the accused came at the house of the first informant and conveyed to him that the deceased had passed away as she banged herself with a wall and fell down. After some time, the accused told the first informant that the deceased had passed away as she had met with an accident. As the first informant was not convinced with the explanation given to him by the accused, he, in company of the Village Sarpanch Manharbhai, reached at the house of the deceased and found her lying dead on an iron bed. The PW1 also stated that he could notice the marks of the stick blows inflicted on her body and a fracture on the left hand. He has also stated that there were many marks of injury on the back and the gluteal region. He has stated that his sister was dead and the Sarpanch viz. Manharbhai thereafter informed the police.

6. On the complaint being filed,