ORAL JUDGMENT

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

1. By way of the present appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the appellant – original accused No. 1 has challenged the judgement and order dated 30.08.2013 passed by learned Additional Sessions Judge, Bhavnagar in Sessions Case No.196 of 2012, by which, the appellant has been convicted for the offences punishable under Section 302 of the Indian Penal Code and has been sentenced to undergo life imprisonment and has been imposed a fine of Rs.2000/- and in default of payment of fine, to undergo one year rigorous imprisonment as well as conviction under Section 135 of the Gujarat Police Act and has been convicted for one year rigorous imprisonment and has been imposed a fine of Rs.1,000/- and in default of payment of fine, to undergo rigorous imprisonment of three months.

2. The appeal came to be admitted on 23.01.2014. Record and proceedings have been tagged along with paper book.

3. Short facts emerge from the record of the appeal are as under:

3.1. One Ashokbhai Bhavsangbhai Solanki, resident of village Ishwariya, Taluka Shihor, District Bhavnagar lod