JUDGMENT :

J.R. Vora, J.

This appeal is preferred by the appellant original accused No.1 out of originally 6 accused of Sessions Case No. 54/94 of the Sessions Court Panchmahals at Godhra. The present appellant was convicted by learned Sessions Judge, Panchmahals, Godhra, for the offence proved against him under Section 302 of the Indian Penal Code and was sentenced to undergo life imprisonment and fine of Rs.500 in default 2 months rigorous imprisonment. Being aggrieved by the above said judgment dated 4th January, 1995 of the learned Sessions Judge, Panchmahals at Godhra in Sessions Case No. 54/94, this Appeal is preferred by the appellant.

2. The incident leading to conviction of the appellant occurred on 29th of December, 1993 in the evening at village Dhanitra, Taluka Godhra, District Panchmahals. Complaint is given by Shantilal Maijibhai Parmar, son of deceased Maijibhai, who died in the incident. According to the complainant he along with his parents resided at village Dhanitra in Parmarpura Falia. He is the eldest son of deceased Maijibhai. Two younger brothers of the complainant are Rangit and Jasvant. All the three brothers were married. All the accused also resided in the s