JUDGMENT :

SANDEEP N. BHATT, J.

1. By way of present Criminal Appeal under Section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as “Cr.P.C.”) the appellant - original convict has challenged the judgment and order dated 17.06.2020 passed by the Additional Sessions Judge, Rajkot in Sessions Case No. 87 of 2012, by which, the appellant has been convicted for the offence punishable under Section 302 of the Indian Penal Code (hereinafter referred to as “IPC”) and sentenced to undergo life imprisonment with fine of Rs. 5,000/- and in default of payment of fine, to undergo six month’s simple imprisonment and also under Section 188 of the IPC and sentenced to undergo simple imprisonment with fine of Rs. 250/- and in default of payment of fine, to undergo seven day’s simple imprisonment.

2. The Appeal came to be admitted on 11.12.2020. The Registry has received the Record and Proceedings along with the paper-book which has been supplied to the learned advocate for the respective parties.

3. The case put forward by the prosecution is as under:

3.1 That one Bilalkhan Sabbirkhan Pathan has lodged a complaint before the police that on 28.05.2011 at about 9:00 p.m. while he wa