(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 26.5.1995 passed by the learned Addl. Sessions Judge, Mehsana in Sessions Case No. 9/1992, whereby, the learned Judge has convicted the appellant under sec. 307 of IPC and sentenced to undergo R/I for three years and to pay a fine of Rs. 500/- in default, to undergo further R/I for one month, which is impugned in this appeal.
(2.) THE brief facts of the prosecution case is as under:
(3.) THEREAFTER, the charge was framed at Ex. 7 against the appellant. The appellant accused has pleaded not guilty and claimed to be tried.