JUDGMENT :

Harsha Devani, J.

By this appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code”), the appellant convict has challenged the judgment and order of conviction dated 19.4.2011 passed by the learned Third Additional District Judge and Additional Sessions Judge, Surat in Special Atrocity Case No. 30 of 2009, whereby the appellant has been convicted of the offence punishable under section 302 of the Indian Penal Code and has been sentenced to life imprisonment as well as a fine of Rs. 25,000/- and in default of payment of such fine, to undergo simple imprisonment for a period of six months.

2. The prosecution case is that one Chhanabhai Bhulabhai Rathod lodged a first information report before the Kamrej Police Station on 18.10.2009 alleging that he was residing at Valthan Halpativas, Taluka Kamrej with his family and was doing casual labour work. His wife's name was Revaben and he had in all four children. The eldest was a daughter by the name of Savitaben who was married and was living at her matrimonial home. The second was