JUDGMENT :

A.J. Desai, J.

1. By way of the present appeal under section 374 (2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the appellant–original accused has challenged the judgement and order dated 05.03.2013 passed by learned 4th Additional Sessions Judge, Surat in Sessions Case No.154 of 2011, by which, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment.

2. The appeal came to be admitted on 08.10.2013. Record and proceedings have been tagged along with paper book and placed before us.

3. Short facts emerge from the record of the appeal are as under:

3.1 One Karamsinh Muljibhai Vasava, resident of village Makh Shera Faliya, Taluka Dediyapada, District Narmada lodged an FIR bearing C.R.No.I-59 of 2011 with Mandvi Police Station, District Narmada against present appellant for the offence punishable under Section 302 of the Indian Penal Code on 27.05.2011 at around 4.00 hrs. alleging that on the same day i.e. on 27.05.2011 at around 00.30 hrs, he alongwith his brother Mukeshbhai and other family members had joined the marriage ceremony of