(1.) THE present Appeal is at the instance of a convict accused for the offence punishable under Section 302 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 30th March 2007, passed by the learned Additional Sessions Judge, Bharuch in Sessions Case No.66 of 2006. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer Life Imprisonment and a fine of Rs.3000/-. In default of payment of fine, the appellant was directed to undergo further Simple Imprisonment for three months. I. Case of the Prosecution :
(2.) UNDER the circumstances, we are left with no other alternative, but to set-aside the judgment and order of conviction passed by the trial Court.