JUDGMENT :

Sonia Gokani, J.

This Appeal is preferred under Section 374 (2) of the Code of Criminal Procedure (hereinafter to be referred to as, "CrPC") challenging the judgment and order dated 7th May 2010 of conviction and sentence passed by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No. 97 of 2009, in the following factual background.

Prosecution case :

2. It is the case of prosecution-complainant Rajeshbhai Jashbhai Sodha, the brother of the deceased that on 16th May 2009, he had visited Mamlatdar Gramya Court and when he returned in the evening, his maternal aunt apprised him of the details she gathered from his paternal grandmother, that his elder brother Ajit had gone to meet Darbar in the morning after instructing him to wash a bu-shirt as they were to attend marriage at village Sillor. However, he had not returned home, and therefore, the complainant inquired at the place of Bhadhursinh @ Darbar Bhikhubhai Mahida [present appellant] and thereafter on 18th May 2009, an intimation was given in the form of 'janva jog' entry at Nadiad Police Station. It is also averred in the complaint that when he went to search for his brother, Bahadursinh @ Darbar Bhikhubhai Ma