JUDGEMENT

(PER : HONOURABLE MR.JUSTICE K.J.THAKER)

1. The appellant-Accused has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure , against the judgment and order of conviction and sentence dated 25.8.2005 passed by the learned Addl. Sessions Judge, Fast Track Court no.1, Dahod in Sessions Case No. 49/2005, whereby, the learned trial Judge has convicted the appellant- Accused under sec. 302 of IPC and sentenced him to undergo rigorous imprisonment for life. He is convicted under sec. 504 and 506(2) and sentenced to undergo three years imprisonment for each offence. He is also convicted under section 135 of the Bombay Police Act and sentenced to undergo six months imprisonment and to pay a fine of Rs. 1000/-, in default, to undergo imprisonment for six months, which is impugned in this appeal.

2.1 The case of the prosecution is that on 8.1.2005, at about 15.00 p.m., the deceased Galiben had taken out the goat of the accused from her field, and therefore, the appellant had got excited and gave kick and fist blows to the deceased and committed her murder. Therefore, a complaint was lodged.

2.3 The appellant accused came to be arraigned