JUDGMENT :

A.S. SUPEHIA, J.

1. The present appeal filed under Section 374(2) of the Code of Criminal Procedure, 1973 (for short “the Cr.P.C.”) emanates from the judgment and order dated 06.08.2015 passed by learned 3rd Additional Sessions Judge, Sabarkantha at Modasa in Sessions Case No. 32 of 2014 convicting the appellant-original accused for the offence punishable under Sections 302 of the Indian Penal Code, 1860 and sentencing him for life imprisonment.

2. The facts leading to the appeal are as under.

3. It is the case of the prosecution that on 06.04.2015 at about 17:25 hours, the accused has murdered his children (minor) by administering poison in tea, biscuits and water. The complaint was given by the wife PW-1, Dakshaben Jagatsinh Parmar and the trial Court, after examination of 21 witnesses and documentary evidence has convicted the appellant and sentenced, as mentioned hereinabove.

SUBMISSIONS ON BEHALF OF ACCUSED

4. Learned advocate Mr. Patadiya has submitted that the trial Court has erred in convicting the appellant for the serious offence like murder without appreciating the evidence in its true perspective. He has submitted that there is no eye witness to the incident and mo