JUDGMENT :

N.V. Anjaria, J.

The appellant, now aged 31, was tried in Sessions Case No. 127 of 2005 for the offence of committing murder of one Ravindrabhai and came to be convicted for the offences punishable under sections 302 and 323 of the Indian Penal Code, 1860 ('IPC' for sake of brevity) by judgment and order dated 18.04.2006 delivered by Additional Sessions Judge, Fast Track Court, Bharuch. For the offence punishable under section 302, IPC, the appellant was sentenced to life imprisonment and fine of Rs. 5000/- and in default of payment of fine to undergo simple imprisonment for further three months. In respect of conviction for offence under section 323, IPC, he was sentenced to rigorous imprisonment for one year and a fine of Rs. 1000/- and in default of payment of fine to undergo simple imprisonment for further one month. All the sentences were directed to run concurrently.

2. The incident took place on 22.08.2005 at around 10.00 - 10.30 a.m. in the morning at a place 50 feet away near Shiludi Chowkdi opposite the road leading to Godrej Company in the vicinity of village Valiya, Taluka Valiya, District Bharuch. The first informant Shakuben Ravindrabhai Vasava (PW-1), the wif