JUDGMENT :

J.B. PARDIWALA, J.

1. This Appeal is at the instance of an accused-convict for the offences punishable under Sections 302, 393 and 188 of the Indian Penal Code.

2. The appellant herein was put on trial in the court of the 5th Additional Sessions Judge, Surat, in the Sessions Case No. 65 of 2010 for the offences enumerated above. The trial court held the appellant accused guilty of the offences enumerated above and sentenced the accused for the offence of murder to suffer rigorous imprisonment for life and a fine of Rs. 25,000/- in default of the payment of the amount of fine, six months of further rigorous imprisonment.

3. The accused also came to be sentenced to suffer rigorous imprisonment for five years and a fine of Rs. 5,000/- in default of the payment of the amount of fine, two months of further rigorous imprisonment.

4. The accused also came to be sentenced to suffer rigorous imprisonment for one year for the offence punishable under Section 188 of the Indian Penal Code.

CASE OF THE PROSECUTION:

5. The incident in question occurred on 17th January 2009 in the evening