J.B. PARDIWALA, J.

1. The present appeal is at the instance of a convict accused for the offence punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 24th December 2014 passed by the Additional Sessions Judge, Limbdi in the Sessions Case No.115 of 2012.

2. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code, and consequently, sentenced him to suffer life imprisonment with a fine of Rs.10,000/- and in default of payment of fine, to suffer further rigorous imprisonment for the period of one year.

CASE OF THE PROSECUTION:

3. The deceased by name Jayshreeba was married to the accused appellant herein. In the wedlock, one son and a daughter was born. It is the case of the prosecution that in the night hours of 19th July 2012, the accused herein committed murder of his wife Jayshreeba on the first floor of their residential house. According to the case of the prosecution, the accused indiscriminately stabbed his wife with a knife all over the body and thereby caused her death. After the incident, the accused is said to have come down and woke up his cousin brother namely Sukhdevsingh Pravinsinh Zala residing bank opposite the house of the accused. After waking up Sukhdevsinh Pravinsinh Zala at 1:30 in the night, the accused is said to have told Sukhdevsinh that he had killed his wife. Saying so, the accused, thereafter, left for the police station. It is the case of the prosecution that the motive behind the crime was the suspicion in the mind of the accused that his wife was living an immoral life. To put it in other words, the accused, as husband, had a doubt with regard to the fidelity of his wife i.e. the deceased.

4. On 19th July 2012, at 5:30 hours in the early morning, Sukhdevsinh Pravinsinh Zala lodged the First Information Report at the Limbdi Police Station. The First Information Report Exhibit : 44 lodged by Sukhdevsinh Pravinsinh Zala reads as under:

“Date - 19/07/12

My name is Sukhdevsinh Pravinsinh Zala, age - 31years, occupation - pan shop, resident - Limbadi, Haveli Sheri, Mobile -9924433060.

I state the fact of my complaint that, I reside at the above mentioned place and I run a pan shop. We are three brothers. Among them, Mahendrasinh is the eldest and he lives on the upper floor of our house. He has a daughter namely Nidhiba, age - 12 yrs. and a son namely, Vishwarajsinh age - 10 yrs. I and my wife live on the ground floor along with my parents. We, brothers live separately. My second brother Bharatsinh lives in Limbadi near Lal Bunglow. My brother Mahendrasinh got married with Jayshreeba D/o Rambha Devisinh Rathod at Dhrangadhra fourteen years ago. In the wedlock, a daughter and a son was born. They live on the upper floor of our house. My brother Mahendrasinh woke me up at around 1: 30 hours in the night by knocking my door after coming down. Therefore, I and my parents woke up and opened the door. We saw that Mahendrasinh had suffered injuries on his hand and was bleeding from the wound. Mahendrasinh told us that, he had killed his wife by inflicting knife blows and his children are sleeping in another room. Further, he stated that I am going to the police station. Thereafter, he left the house. Thereafter, I and my father went to the upper floor and we saw that my sister-in-law Jayshreeba was lying in bleeding condition. Thereafter, I made a phone call to the police station, and as the police came, I lodged my complaint against my brother Mahendrasinh before the police. My brother often used to quarrel with my sister-in-law as he had doubt regarding her character. Therefore, my brother became aggressive and killed her by inflicting knife blows. There is no any other reason.”

5. On the strength of the F.I.R. lodged by Sukhdevsinh Prav