JUDGMENT :

A. J. DESAI, J.

1. By way of the present appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code'), the appellant has challenged the judgment and order of conviction dated 14.09.2015 rendered by the learned Sessions Judge, Kachchh @ Bhuj in Sessions Case No.27 of 2014 by which the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 and ordered to undergo life imprisonment with fine of Rs.25,000/- and in default thereof, ordered to further undergo rigorous imprisonment for a period of six months. The appellant was also convicted for the offence punishable under Section 135 of the Gujarat Police Act and ordered to undergo rigorous imprisonment for a period of four months and fine of Rs.1,000/- and in default thereof, ordered to undergo further simple imprisonment for a period of one month. All the sentences were ordered to run concurrently.

2. The appeal came to be admitted on 17.12.2015. The records and proceedings along with Paper-book was called for from the learned Trial Court and the same has been placed before this Court accordingly.

3. The short facts of the case put forward by the prosecution before the learned Trial Court is as under :-

3.1 That one Hansbai wife of Valimamad Sadhak Vandha, resident of Kuran village, Bhuj lodged FIR with ASI of Khavda Police Station on 20.2.2014 alleging that the present appellant who happens to be nephew of the complainant (her husband's elder brother's son) went to her house and started quarreling with her daughter, namely, Rajbai asking her to return to her matrimonial home. At that time, her daughter Rajbai asked the appellant not to interfere in her personal matter and at that time, the appellant took out a knife and gave a blow on the back of neck of Rajbai pursuant to which she sustained serious injuries and on raising screams, the younger daughter of the complainant i.e. Aladi reached the scene of offence and the appellant fled away from the place of offence. Thereafter, immediately, victim was taken to Government Hospital, Khavda in 108 Ambulance at around 19.40 hours and for further treatment, she was transferred to G.K. General Hospital, Bhuj, where the complaint was given. Accordingly, offence being I C.R. No.8 of 2014 came to be registered with Khavda Police Station initially for the offence punishable under Sections 324, 323 and 504 of the Indian Penal Code and Section 135 of the Gujarat Police Act. Thereafter, looking to the injuries Section 326 of the IPC came to be added. Thereafter, the victim was treated at various Hospitals, including, private Hospital of Dr. Sachin Jaykishor Thakkar. Thereafter, the victim was taken to Civil Hospital, Ahmedabad where she succumbed to the injuries on 25.3.2014. Accordingly, Section 302 of the IPC came to be added in the FIR.

4. The appellant came to be arrested on 22.2.2014. Upon completion of investigation, charge-sheet was filed before Court of learned Magistrate. Since the offences are triable by learned Sessions Judge, learned Magistrate has committed the case to the learned Sessions Judge having jurisdiction to try the case.

5. The charge was framed at Exh.7 against the appellant - accused which he denied. Hence, the prosecution proceeded with the trial. The prosecution in all examined 18 witnesses, produced several documentary evidence in support of its case. The appellant did not examine any witness to defend his case. Thereafter, further statement of the appellant under Section 313 of the Code was recorded. The accused denied the case put forward by the prosecution.

6. The learned Sessions Judge, after scrutinizing the oral as well as documentary evidence in detail as well as considering the arguments advanced on behalf of the appellant and the respondent, held the appellant guilty for the offence punishable under Section 302 of the Indian Penal Code and imposed sentence upon the appellant as referred above.

7. Hence the present ap