(PER : HONOURABLE MR.JUSTICE K.J.THAKER)

1. At the out set, it is to be noted that the accused was not granted bail by this Court when the appeal came to be admitted. However, when temporary bail was granted to him, he has not surrendered back to the jail authority, and in light of the judgment of this court, this matter is taken up for final hearing.

2. The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 13.9.2010 passed by the learned Addl. Sessions Judge, F.T.C. No.3, Vadodara in Sessions Case No. 133/2008, whereby, the learned trial Judge has convicted the appellant under sec. 302 of Indian Penal code (hereinafter referred to as ‘IPC’) and sentenced to undergo life imprisonment and to pay a fine of Rs. 25,000/, in default, to undergo further R/I for one year. The appellant is also convicted under sec. 201 IPC and sentenced to undergo R/I for a period of one year and to pay a fine of Rs. 5000/-, in default, to undergo further R/I for three months. The appellant is further convicted under section 471 of IPC and sentenced to undergo R/I for a period of one year