A.P. THAKER, J.

1. The accused has preferred this appeal under Section 374 of the Criminal Procedure Code, 1973 against the judgment and order of conviction dated 15.03.2013 passed by the learned 9th Additional Sessions Judge, Vadodara, Camp at Chhotaudepur (hereinafter be referred to as “the trial court”) in Sessions Case No. 36 of 2012, whereby present appellant (accused no.1) has been convicted for the offence punishable under Section 302 of the Indian Penal Code and directed him to undergo sentence of rigorous imprisonment of life for the said offence with fine of Rs.1,000/- and in default of payment of fine, to undergo simple imprisonment for six months.

2. The case of the prosecution briefly is that on 21.03.2012 at 10 o’clock at Village: Jinjarvani, a quarrel has taken place between the accused and the complainant and deceased Dineshbhai Vichhiyabhai @ Virsingbhai Nayaka for payment of tax of the land held by them jointly. It is further the case of the prosecution that the accused quarreled and abused them and the appellant herein - original accused no.1 inflicte