JUDGMENT :

A.J.DESAI, J.

1. By way of the present appeal under section 374(2) of the Code of Criminal Procedure, 1973, the appellant- convict has challenged the judgment and order of conviction dated 06/04/2016 passed by learned 8th Additional Sessions Judge, Gandhidham- Kutch in Sessions Case No.46 of 2009, by which the appellant has been convicted for the offence punishable under section 302 of the IPC and sentenced for life imprisonment and imposed fine of Rs.10,000/- and in default, shall undergo further one year simple imprisonment. The appellant is also convicted for the offence punishable under section 135 of the Gujarat Police Act and sentenced to undergo six months simple imprisonment and imposed fine of Rs.500/- and in default, to undergo further simple imprisonment of one month. The appeal came to be admitted on 27/09/2016. It was brought to the notice of this Court that the appellant is behind bar since more than 11 years. It appears from the record that an order was passed by coordinate bench on 21/01/2019 that the appellant has undergone sentence of more than 9 years and therefore, the appeal was fixed for hearing after a period of three weeks. However due to pandemic d