Biren Vaishnav, J.

1. The appellant, by this appeal, has challenged the judgment and order dated 28.03.2011 passed by the learned Additional Sessions Judge, Dahod. By the aforesaid judgment, the learned Additional Sessions Judge convicted the accused for the offences punishable under sections 302 and 307 of the Indian Penal Code and sentenced him to life imprisonment under section 302 of the Indian Penal Code. Punishment of rigorous imprisonment for five years was imposed under section 307 of the Indian Penal Code.

2. The charge is at Ex.2. According to the charge so framed, it is the case of the prosecution that the accused suspected that his wife Kantaben was a witch and was responsible for the death of his brother Bachubhai. On 01.11.2008, in the evening at 06.30 with this motive, the accused with an axe in his hand attacked his wife Kantaben and caused injuries on her head and thigh. Kantaben fell unconscious. The accused did not stop there and went to the house of the complainant Mukeshbhai and called Mukeshbhai's mother Chundadiben. He held her also responsible for his brother's death. With the axe in his hand, the accused hit Chundadiben on her head. When the complai