JUDGMENT :

BELA M. TRIVEDI, J.

1. The present appeal filed by the appellant – original accused under Section 374 of Cr.P.C., is directed against the judgment and order of conviction dated 18.2.2014 passed by the Additional Sessions Judge, Morbi (hereinafter referred to as "the Sessions Court") in Sessions Case No.51 of 2011, whereby the appellant has been convicted under Section 302 of IPC and sentenced to undergo life-imprisonment and pay a fine of Rs.5,000/-, in default thereof, to undergo further simple imprisonment for two months.

2. The case of the prosecution as unfolded before the Sessions Court was that the appellant – accused Dineshbhai Vasantbhai alias Babalal Kanani and the deceased Uttambhai were very close friends, however, the deceased Uttambhai used to insist the accused to commit an act against the order of nature and he also had a lusty eye on his wife. The accused, therefore, being fed up with such conduct of the said Uttambhai, had called him at his house situated in Sankadisheri Green Chowk at about 8.30 a.m., on 27.8.2011 when nobody was at home. When the said Uttambhai came to the said house of the accused, some quarrel had taken place between them, and thereafte