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,