JUDGMENT :

A.J. DESAI, J.

1. By way of present appeal under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) the appellant/convict - Ganpatji Sartanji Thakore has requested to quash and set aside the impugned judgment and order dated 08.03.2013 passed by the learned 3rd Additional Sessions Judge, Deesa, District Banaskantha in Sessions Case No. 8 of 2010, by which the appellant/accused has been convicted for the offence punishable under Sections 302 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) sentenced to undergo life imprisonment with fine of Rs. 20,000/- and in default of payment of fine to undergo further 6 months’ RI and also under Section 135 of the Bombay Police Act and sentenced to undergo one year simple imprisonment with fine of Rs. 2000/- and in default of payment of fine, to undergo one month’s simple imprisonment.

2. The short facts arising from the record of the case are as follows.

2.1 That, one K.M. Chaudhary, Police Sub Inspector, Sihori Police Station, who was also in charge of Thara Police Station, lodged an FIR being I-CR No. 92/2009 with Sihori Police Station on 10.09.2009 at 00.15 hours against unknow