JUDGMENT

S.H. Vora, J.

1. The appellant - Mr. Shankarbhai Bachubhai Baria (hereinafter referred to as 'accused') who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs. 10,000/-, in default, to suffer simple imprisonment for six months for the offence punishable under section 302 of the Indian Penal Code (for short 'IPC') as per judgment and order dated 23.09.2011 passed by the learned 2nd Additional Sessions Judge, Dahod in Sessions Case No. 111 of 2009, has preferred this appeal under section 374 of the Criminal Procedure Code challenging the judgment and order of conviction and sentence recorded against him.

2. Facts of the prosecution, in short, are as under:-

2.1. Complainant - Mr. Pratapbhai Babarbhai Baria (PW-5) who is resident of village Dhudamali, is father of the deceased Jantaben who got married to the accused about 20 years prior to the incident of her death. Deceased and accused had three children (two sons and one daughter) and at the time of incident dated 14.08.2009, the deceased was carrying pregnancy of six months.

2.2. After marriage, deceased went with the appellant accused for co-habitation. But for last three years of incident, in question, there was allegation that the appellant accused was alleged to have been saying that he was not liking deceased Jantaben and due to this issue, deceased Jantaben left her matrimonial home and started residing with the complainant prior to two months of the incident.

2.3. It is further alleged that on 14.08.2009, when complainant - Mr. Pratapbhai Babarbhai Bariya (PW-5), his son Mr. Vinodbhai Pratapbhai Baria (PW-7), his daughter deceased Jantaben and Jeniben - wife of PW No. 5 were engaged in removing grass at about 11.00 am, the appellant accused came at the field bearing survey number 36 at village Dudhamali and was asking deceased to join him at her matrimonial home. It is alleged that when deceased Jantaben refused to do so, at that point of time, the appellant accused took out knife and gave four blows to the deceased Jantaben and she fell down and in the meantime, Mr. Manabhai Navalbhai Bariya (PW-6) and other persons chased the appellant accused, but he was not nabbed and he ran away. As per further case of prosecution, when deceased Jantaben was taken to hospital, she passed away. It is further alleged that the incident in question took place near one neelgiri tree situated in the field of the complainant.

2.4. It is further case of the prosecution that one Mr. Hirabhai informed on phone call that an incident of murder has taken place at village - Dudhamali. Therefore, he deputed one ASI Mr. Kadakiyabhai to village Dhudhamali. Similarly, he informed to Mr. M.S. Vaghela - PSI on telephone about the incident of murder as he was in the office of S.P. Dahod at the relevant time and reduced information into writing in station diary at about 11.45 on 14.08.2009. PW No. 14 took the complaint in writing from the complainant. Thereafter, complaint came to be registered for the offence of murder and Mr. Rupabhai Parmar (PW-13) after registering the offence in station diary transmitted the same to Mr. M.S. Vaghela (PW-14) for further investigation. Treating the said complaint as FIR, crime register No. 64 of 2009 for the offence punishable under section 302 of IPC was registered against the appellant accused with Dhanpur Police Station on 14.08.2009 at about 14.30 hrs.

3. Thereafter, Mr. M.S. Vaghela (PW-14) prepared inquest panchnama and forwarded dead body of the deceased at Dhanpur Medical Hospital for post mortem. He prepared panchnama of scene of offence and also collected incriminating samples from the scene of offence and for examination, he forwarded the samples to FSL. Said PW -14 also recorded statement of eye witnesses who had seen occurrence of scene of incident. Thereafter, the appellant accused was nabbed and arrested. Panchnama was prepared and in his presence, discovery panchnama vide Exh. 15 was drawn on 16.08.2009. Knife and