JUDGMENT :

DIVYESH A. JOSHI, J.

1. This is an appeal at the instance of the appellant-convict under Section 374(2) of the Criminal Procedure Code, 1973 (for short “the Code”) against the judgment and order of conviction dated 22.02.2007 passed by the learned Addl. Sessions Judge, Vadodara in Sessions Case No.230 of 2002, whereby the learned trial judge convicted the appellant-accused of the charges for the offence punishable under Sections 302, 323 and 114 of the Indian Penal Code and Section 135 of the Bombay Police Act.

2. CASE OF THE PROSECUTION:-

2.1 It appears that the PW-1, Kishanbhai Ramabhai Marvadi, the brother of the deceased lodged a first information report, Exh.18 on 18.03.2004. In the complaint at Exh.18 lodged by the brother of the deceased, it has been stated that the deceased viz. Kantibhai Ramabhai happened to be his real brother. They were three brothers, namely, the complainant Kishanbhai Ramabhai himself who is the elder brother, then younger to Kishanbhai is Bhagwanbhai and the most youngest one was deceased Kantibhai Ramabhai. They all were residing at Harni, Vadodara along with their parents. It has been stated that both the complainant and Bhagwanbhai are married and the deceased was bachelor. The complainant is a tailor by profession whereas the deceased Kantibhai Ramabhai was running a tea stall along with his father in the vicinity. Accused Babubhai Samnaji was their neighbor. It has been further alleged that one Suresh Punamji was working at the tea stall of the deceased, who met with an accident and sustained disability. Therefore, he was being looked after by the mother of the complainant and the deceased, at which point of time, the said Sureshbhai Punamjibhai received certain amount of accidental claim. It is also stated that the said Sureshbhai Punamjibhai, before his death, executed a will for the amount of claim received by him and lying in his bank account in favour of the mother of the complainant and the deceased. However, accused Babubhai Samnaji also claimed to have the same will executed by Sureshbhai Punamjibhai in his favour, Thus, there were counter claims from both the sides, which resulted in the disputes between them and both the sides initiated legal proceedings against each other in the court of law. It is also alleged that keeping a grudge of the same, on 31.12.2001, at around 23:30 hours, when the deceased Kantibhai Ramabhai was going for urinating towards the canal, the said Babubhai along with the appellant and other co- accused, confronted the deceased Kantibhai and started altercation with him. It is alleged that all the accused persons then started beating the deceased and the appellant herein inflicted knife blow on the left side of the stomach of the deceased due to which the deceased received serious injuries. It is the case of the prosecution that thereafter the deceased was taken to the S.S.G. Hospital where on 11.01.2002 at around 10:15, the deceased Kantibhai Ramabhai succumbed to the injuries, and thereby all the accused persons, with the aid of each other, committed the offence under Sections 302, 323 and 114 of the IPC as well as Section 135 of the Bombay Police Act.

2.2 Under the aforesaid circumstances, the complainant thought fit to lodge the complaint at the police station.

2.3 On the complaint being lodged the investigation had commenced. The inquest panchnama, Exh.30, of the dead body of the deceased was drawn in presence of the panch witnesses. The panchnama of the place of occurrence, Exh.24, was drawn in presence of the panch witnesses. The dead body of the deceased was sent for postmortem examination and the postmortem report, Exh.51, revealed that the cause of death was "shock following septicemia following injury". Thereafter, all the accused persons were arrested. The statements of various witnesses were recorded. Finally on completion of investigation, the investigating officer filed charge sheet against all the accused persons in the Court of the Judic