JUDGMENT :

A.J.DESAI, J.

1. By way of present Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “CrPC”), the appellant herein – original accused No.2 has challenged the judgment and order of conviction and sentence dated 22.03.2013 rendered by the learned 3rd Additional Sessions Judge, Dahod in Sessions Case No.57 of 2012, whereby the appellant herein has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as “IPC”) and sentenced to undergo life imprisonment with fine of Rs.1000/- and in default of payment of fine, further rigorous imprisonment of 3 months has been imposed.

2. Present Criminal Appeal came to be admitted by an order dated 03.05.2013 passed by the coordinate Bench. Record & Proceeding of the Sessions Case No.57 of 2012 alongwith paper-book was received by the Registry.

3. Considering the fact that the appellant herein is in jail since 09.03.2012 i.e. for more than 9 years, with the consent of learned advocates appearing for respective parties, present criminal appeal is taken up for hearing.

4. The short facts emerging from the record of the case are as under:

4.1 The complainant – Vineshbhai Sheniyabhai Bhuriya, resident of Patiya, Gala Faliyu, Taluka Garbada, District Dahod lodged an FIR being I-CR No.27/2012 with Garbada Police Station, Dahod on 08.03.2012 for the offences punishable under Sections 302, 504 and 114 of the IPC and Section 135 of the Bombay Police Act alleging that on the date of Holi i.e. on 07.03.2012, when he alongwith other persons including the deceased Mukeshbhai Puna (hereinafter referred to as “deceased”) were returning to their home, near the resident of Meda family, present appellant alongwith another accused vis. Bhanabhai Lallubhai Meda came with arrow and bows and started abusing with regard to one girl who happens to be the daughter of Ramesh Jota Parmar. The present appellant took out the arrow and bow and challenged all the persons and thereafter used the said weapon pursuant to which the deceased sustained injury on left side of his private part. The arrow was removed from the private part of the deceased and deceased was shifted to hospital where he was declared dead by the Doctor. Both the accused were arrested.

4.2 Accordingly, the FIR being I-CR No.27 of 2012 was registered with Garbada Police Station, Dahod for the offences punishable under Sections 302, 504 and 114 of the IPC and under Section 135 of the Bombay Police Act. Upon completion of investigation, on the basis of the material collected against the accused persons, the Investigating Officer filed the charge-sheet before the Court of learned Judicial Magistrate First Class, Garbada for the alleged offences, which came to be registered as Criminal Case No.177/2012. Since the offences alleged against the accused persons were triable by the Court of Sessions, the case was committed to the Court of Sessions under Section 209 of the CrPC, which came to be registered as Sessions Case No.57 of 2012.

4.3 On committal, the case was placed for trial before the learned 3rd Additional Sessions Judge, Dahod, who had framed charge vide Exh.6 for the alleged offences. The charge was read over and explained to the accused, wherein the accused pleaded not guilty and claimed to be tried.

4.4 In order to bring home the charge leveled against the accused, the prosecution has examined as many as 15 witnesses and produced several documentary evidences like panchnama of scene of offence, arrest panchnama, post-mortem note etc. After recording the evidence of the prosecution witnesses, the learned Additional Public Prosecutor submitted closing purshis. Thereafter, the learned Judge explained to the accused the circumstances appearing against them in the evidence of the prosecution witnesses and recorded their further statements under Section 313 of the CrPC. In their further statements, accused denied the case of prosecution in enti