JUDGMENT :

Vipul M.Pancholi, J.

1. This appeal is directed against the judgment and order dated 09.09.2008 passed by the learned Sessions Judge, Ahmedabad (Rural) in Sessions Case No. 107 of 2007 whereby the present appellant - original accused came to be convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (herein after referred to as 'the IPC') and sentenced to undergo life imprisonment and a fine of Rs.1000/- and in default of payment of fine, to undergo further simple imprisonment for 3 months.

2. The brief story of the prosecution is that on 19.08.2007 between 4:00 a.m. and 5:30 a.m. at village Bhetawada when deceased Savjibhai Amarshibhai was sleeping on the cot in a cattle-shed, the appellant - accused, allegedly keeping grudge of earlier dispute, possessed with arm i.e. Dharia came at the said place and thereafter gave blows on the head and left ear of the deceased. As a result of said injury sustained by the deceased, he succumbed to the injuries. It is, therefore, alleged that the appellant-accused committed an offence alleged against him.

2.1 After the registration of FIR, the investigating agency carried out the investigation and thereafter submitted the charge-sheet before the concerned Magistrate Court. However, as the case was triable by the Court of Sessions, it was committed to the Sessions Court under Section 209 of the Code of Criminal Procedure.

2.2 The case was registered and numbered as Sessions Case No.107 of 2007 before the Sessions Court, Ahmedabad (Rural). The trial Court framed the charge against the accused. The accused pleaded not guilty and claimed to be tried. Thereafter the prosecution laid oral as well as documentary evidence with a view to prove the charge against the appellant - accused. The prosecution has examined the following witnesses and also produced several documentary evidence as under;

2.3 At the end of the trial, further statement of the accused under Section 313 of the Code of Criminal Procedure was recorded. In which, he pleaded not guilty and also stated that he has been falsely implicated in the alleged incident. Thereafter, after considering the material placed before the Sessions Court, the concerned trial Court convicted the accused as observed herein above and passed the impugned order of conviction against appellant - accused. Against the said order, the appellant - accused has preferred this appeal.

3. Heard learned advocate Mr. Pathik Acharya for the appellant - accused and learned APP Mr. H. K. Patel for respondent - State.

4. Learned advocate for the appellant referred the deposition given by various prosecution witnesses. Learned advocate for the appellant referred the deposition given by PW 1 Bharatbhai Savjibhai, who is a son of the deceased. The deposition of said witness is recorded at Exh.5. It is submitted that the said witness