ORAL JUDGMENT

(Per : HONOURABLE MR.JUSTICE R.P.DHOLAKIA)

1. This appeal has been filed by the appellant-

original accused against the judgment and order of conviction dated 8-9-1997 passed by the learned Addl. Sessions Judge, Baroda, in Sessions Case No.120 of 1995 sentencing the appellant to undergo imprisonment for life and to pay fine of Rs.3,000/- in default, to suffer imprisonment for one year under Sec.302 of IPC.

2. The case of the prosecution in short is that the complainant Ahsanbhai Nomanbhai Jinvala and deceased Kanubhai Chimanlal Parikh were partners of Roopan Cinema situated at Harni Road, Baroda. On 1-7-1995 at about 10.00 a.m., the deceased was sitting in his office of Roopam Cinema and the Booking Clerk Abdul Mahmad Shaikh was sitting outside his office. When said Abdul Mahmad entered into the office of deceased Kanubhai Chimanlal Parikh, he found him in injured condition having upper portion of his body lying on the table. As said Abdul Mahmad was frightened, he left the cabin and went to the ground floor and informed Ahsanbhai, the partner of said Kanubhai and Sharadbhai Narayanrav Ahir, another Booking Clerk about the same and, therefore, they went to the office fro