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 unde