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 was going on his two wheeler - Scooty Pep bearing Registration No. GJ-03-CJ-9200 along with Irum - daughter of his uncle and reached near the house of Nazmaben, the present appellant - Adilbhai, who is an accused - appellant herein, was crossed with his red coloured motorbike - Pulsar and has stopped his bike infront of Bilalkhan’s vehicle. The complainant - Bilalkhan has said that “do you want to have collusion with my vehicle?” Therefore, the accused had started abusing the complainant and thereafter the accused rushed towards the complainant with knife in hand and inflicted blow to the complainant on left side of ribs. Due to that, the complainant had started bleeding and therefore, the cousin of the complainant - Irum, aged about 12 years, who was a pillion rider, had started shouting. The mother of the complainant - Farzanaben and Nazmaben Akbarkhan Pathan as well as the cousin brother of the complainant Wasimkhan Akbarkhan rushed there and the present appellant, who is accused in the offence, has run away from the scene of offence. Thereafter, cousin of the complainant - Wasimkhan Akbarkhan Pathan has taken the complainant to the Rajkot Civil Hospital on his motorcycle. Since the complainant was conscious and his treatment was going on, he has given a complaint against the appellant-accused for the incident before the Police Sub-Inspector - Bharatsinh Banesinh Dodiya of Gandhigram Police Station, Rajkot, which is at Exh.115, for the offences punishable under Section 326, 504 and 188 of the IPC.

3.2 Thereafter, investigation was carried out, Panchnama of the scene of offence was drawn and recovered the vehicle - Scooty. Thereafter, some surgery was carried out on the complainant, as advised by the medical persons. Thereafter, the complainant has expired during his treatment on 04.06.2021, accordingly, the police has added Section 302 of the Indian Penal Code. Thereafter, the present accused has caught by the officers of the Pradyumnanagar Police Station, Rajkot in connection with another offence and thereafter, the accused was arrested by way of transfer warrant by the Gandhigram Police Station and thereafter his motorbike bearing Registration No. GJ-10-BA-0186 is also recovered which the accused has sold to some automobile shop. Thereafter, the weapon used in the offence is recovered and blood sample of the accused is also taken and sent to the FSL for the further investigation and after receiving the report from the FSL and after completion of investigation, a charge-sheet is filed under Sections 302, 504 and 188 of the Indian Penal Code before the competent Court, who, in turn, committed the case to the learned Sessions Court having jurisdiction to try the case on hand and the case was numbered as Sessions Case No. 87 of 2012.

3.3 The charge came