JUDGMENT :

A.S. SUPEHIA, J.

1. The instant appeal is directed against the judgment and order dated 10.12.2015 passed by 3rd Additional Sessions Judge Panchmahal at Godhra in Sessions Case No. 42 of 2013, wherein and whereby the appellant accused has been convicted for the offence punishable under Section 302 of the Indian Penal Code, 1860 (for short “the IPC”) and sentenced to undergo life imprisonment and fine of Rs. 5,000/- is also imposed, in default, simple imprisonment of one year. He is also sentenced to undergo for six months imprisonment for the offence punishable under Section 323 of the IPC and fine of Rs. 500/- is also imposed, in default, simple imprisonment of one year.

BRIEF FACTS

2. The case of the prosecution as per the charge at Exh.2 is that on 10.01.2013 at 13.00 hours, when the first informant, PW-1 was returning from his farm, he saw PW-11, Somabhai Andarsinh Parmar, who was going with the tractor filled with concrete and at that time, the accused was walking in the middle of the road and the said witness asked him to walk on the side of the road, due to which