JUDGMENT :

SANDEEP N. BHATT, J.

1. Feeling aggrieved and dissatisfied with the judgment and order of conviction dated 15.04.2013 passed by the learned Additional Sessions Judge, Sabarkantha at Himmatnagar, Camp at Modasa in Sessions Case No.117 of 2012 for the offence under Section 302 of the Indian Penal Code, 1860, the appellant – accused has preferred this appeal under section 374(2) of the Code of Criminal Procedure, 1973 (“the Code” for short), whereby the appellant – accused is convicted for the offence punishable under Section 302 of the Indian Penal Code and is ordered to undergo life imprisonment and fine of Rs.5,000/-, and in default of fine, is ordered to undergo further rigorous imprisonment of six months.

2. The complainant - Mayuddin Rahimbhai Kherada was residing in joint family. The family consists his parents, grand-mother, brothers, sister-in-laws, sister and their children. The dispute was between parents of the complainant. The accused is the father of the complainant - Abdulrahim Umarbhai Kherada, who is the present appellant before this Court and the deceased - Mumtazben was the mother of the complainant.

The case of the prosecution is that, on 31.07.2012 at about