Judgment

J.B. Pardiwala, J.

The present Appeal is at the instance of a convict accused of the offence under Section 302 of the Indian Penal Code and is directed against the order of conviction and sentence dated 15th April 2009 passed by the Additional Sessions Judge, Anand, in Sessions Case No.102 of 2008.

By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the IPC and consequently sentenced him to suffer life imprisonment and a fine of Rs.1,000/-. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for six months. The learned Additional Session Judge also found the appellant guilty of the offence punishable under Section 135 of the Bombay Police Act and consequently sentenced him to suffer imprisonment for one month.

I. Case of the Prosecution :

The PW8 Maheshbhai Melabhai Bharwad, brother of the deceased, lodged a First Information Report Exh.34 on 20th March 2008 at the Anand Town Police Station, stating that he resides at the address stated in the complaint along with his mother viz. Rasuben and two brothers viz. Satishbhai and Shaileshbhai. He has furthe