Akil Abdul Hamid Kureshi, J.

1. This appeal is filed by the original accused challenging the judgement dated 18.02.2013 passed by the learned Additional Sessions Judge, Surendranagar, in Sessions Case No. 1 of 2008.

2. Briefly stated the prosecution version was that accused Gordhanbhai @ Gilu Badshah had a love affair with one girl Lata, aged about 16 years residing in the same neighbourhood. On the date of the incident i.e. on 26.09.2007, in the late evening hours, Lata had gone to attend bhajan programme organized in the nearby temple along with his sister Kailash and other family members. At that time, the accused tried to talk to Lata, who, for some reason, was not interested. It appears that, after a brief exchange of words, the accused stabbed Lata several times with his knife. Lata's sister Kailash, the complainant, when tried to intervene, she also received injuries. Lata was rushed to a nearby hospital from where she was sent for further treatment where she died. A charge was, therefore, framed against the accused at Exh 10 for offences punishable under sections 302 and 324 of the Indian Penal Code and under section 135 of the Bombay Police Act. The learned Additional Sessions Judge, by the impugned judgement, convicted the accused for the offences under sections 302 and 324 of IPC. He was sentenced to undergo life imprisonment and rigorous imprisonment for one year respectively for such offences. Fines were also imposed. This judgement, the accused has challenged in the present appeal.

3. We may record the gist of evidence. Kailash Ratilal Makwana, PW 14, Exh 42, sister of the deceased Lata, was an eyewitness and also the first informant. She deposed that she lived with her parents, brothers and sisters in the quarters near Chemical Lines in Dhrangadhra. She was working as a labourer in Dhrangadhra Chemicals. Her duty would be over at 7:00 in the evening. On 26.09.2007, she left her factory at 7:15. At that time, her sister Lata, another sister Asha, brother Bharat and Gauri, her neighbour, were going to a temple for darshan. She also joined them. When they were standing outside after completing the darshan, the accused was standing there. He told Lata to go with him for talking. Lata, however, refused saying that she did not want to talk with him. Lata also abused him. Accused caught her hand insisting that he wanted to speak with her. He then gave a knife blow on her stomach. Lata started shouting. When she went there trying to save Lata, she received one blow of the knife on the right hand. The blow was given by the accused. After this, the accused gave a blow on the neck to Lata. She started shouting for help upon which, the accused ran away. Other people including her neighbour Heydarbhai Miyana came there and put Lata in the jeep. Lata and the witness were taken to the Government hospital Dhrangadhra. Since Lata's condition was serious, the doctor advised them to take her to Surendranagar Hospital. Her parents took Lata to Surendranagar. Her complaint was registered at the police station. At the hospital, the doctor had asked her about the incident and she had said that it was Gilu Badshah who had caused the injuries to her and her sister. She further stated that Lata would bring her lunch in a tiffin to her factory. Accused Gilu Badshah was also working there as a labourer. He and Lata therefore, had a love affair. Lata's engagement had been done with one Janakbhai Bhurabhai of Ahmedabad. Gilu Badshah was not happy about this. According to this witness, the reason for the assault was that Lata had severed the relations with the accused. She identified the accused before the Court, the clothes worn by her and Lata and the murder weapon.

In the cross examination, she stated that the complaint was lodged at about 10 O'clock at night. She agreed that a programme of bhajan of popular singer was organized at the temple and many people had gathered to attend the programme. She denied that, at the place, where t