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 the order of conviction and sentence dated 30th July 2018 passed by the 5th Additional Sessions Judge, Anjar, District Kutch, in the Sessions Case No.87 of 2015 (Old Case No.54 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 fine of Rs.5,000=00 and in default of payment of fine, to undergo further simple imprisonment for a period of six months. The trial court, however, acquitted the appellant of the offence punishable under Section 323 of the Indian Penal Code.

CASE OF THE PROSECUTION :

3. The deceased was married to the accused-appellant. According to the case of the prosecution, the marital life of the accused and the deceased was not happy. The accused was unhappy with the birth of the fourth child just couple of