Biren Vaishnav, J.

1. The accused Gopalbhai Dahyabhai Solanki, who was sentenced to undergo life imprisonment for offence under Sections 302 and 504 of the Indian Penal Code, has filed the present appeal, challenging the judgment and order dated 04.10.2012 passed by the learned Sessions Judge, Surendranagar, in Sessions Case No. 46 of 2012.

2. Vasantbhai Dalpatbhai Rathod, upset by the convict that the accused was using foul language while sitting outside his house, came out and tried to admonish the accused. The accused in a fit of rage, with a sword in his hands, inflicted injuries on the abdomen of Vasantbhai Rathod. The incident occurred on 09.03.2012. Vasantbhai, while in a hospital at Surendranagar, lodged a First Information Report. After having been shifted to the Civil Hospital at Ahmedabad, he succumbed to injuries on 12.03.2012, three days after the incident. The accused-appellant, therefore, was charged for offences under Sections 302, 324, 323 and 504 of the Indian Penal Code.

3. The First Information Report lodged by the deceased-Vasant at hospital is at Exh. 51. Prosecution examined several witnesses, including three doctors.

4. The prosecution case essentially