JUDGMENT :

A.C. Rao, J.

1. The appellant - original accused has preferred this Criminal Appeal under section 374 of the Code of Criminal Procedure challenging the judgment and order of conviction and sentence passed by the 7th Additional Sessions Judge, Bardoli, District Surat, Sessions Case No. 14 of 2016 dated 1/8/2018, by which the trial court convicted the appellant - original accused for the offence punishable under sections 302 Indian Penal Code, 1860 and sentenced him to undergo life imprisonment with fine of Rs. 5,000 and in default to deposit the amount of fine, ordered to undergo further simple Imprisonment for a period of one month. The trial court was pleased to grant benefit of set off as per section 428 of the Code of Criminal Procedure.

2. Case of the prosecution:-

Kamleshbhai Vinakbhai Vinayakbhai - Police Constable lodged the FIR being CR No. I-38 of 2016 with the Mandavi Police Station for the offence punishable under sections 302 of Indian Penal Code alleging inter-alia that the on 18/3/2016 at about 2.15 hours when Nashvantbhai Rumshibhai Chaudhri along with the