K.S. Jhaveri, J.

1. The present appeal is directed against the judgment and order of conviction dated 11.11.2005 passed by the Additional Sessions Judge, Vadodara in Sessions Case No. 25 of 2005 whereby the accused has been convicted of the charges leveled against him under section 302 of Indian Penal Code. The accused is ordered to undergo life imprisonment and pay fine of Rs. 5,000/- in default rigorous imprisonment for six months. The accused was further undergo R.I. For one year and pay fine of Rs. 1,000/- and in default rigorous imprisonment for 15 days under sections 323 read with Section 114 of Indian Penal Code.

2. It is the case of the prosecution that the incident had taken place on 21.12.2003, at about 6:30 P.M. at Village:Pratappura, Taluka:Savli, District:Vadodara. Accused No. 1 is the father of accused No. 2. On the said date, the father i.e. accused No. 1 provoked accused No. 2 to beat the deceased, who happens to be son of accused No. 1 and real brother of accused No. 2. Accused No. 2 with stone, caused serious injuries in the head of his deceased brother which resulted into death of the deceased. A complaint in this regard was registered by the complainant