ORAL JUDGMENT

(PER : HONOURABLE MR. JUSTICE A. J. DESAI

1. By way of the present appeal under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order dated 8.4.2015 passed by the learned 4^th Additional District & Sessions Judge, Banaskantha District at Deesa in Sessions Case No.19 of 2013 by which the appellant has been sentenced for the offence punishable under Section 302 of the Indian Penal Code, 1860 (hereinafter referred to as ‘IPC’) and ordered to undergo life imprisonment for a period of 20 years with remission as per law and fine of Rs.1,000/- and in default of payment of fine, simple imprisonment of three months.

2. The appeal came to be admitted on 4.1.2016.

3. The short facts arise from the record are as under :-

3.1 That one Sujabhai Ajabhai Chaudhary (Patel) lodged one FIR being I C.R. No.89 of 2012 with P.S.I., Dhanera at C.H.C. Dhanera on 25.11.2012 at around 19.00 hours and declared that on the said date, at around 17.30 hours in the evening, when he was present at his field, he heard a big noise of collision on open road and, therefore, he rushed at the place from which the noise was heard. At that time, he found that his