(1.) The present appeal is filed by the appellant ' original accused no. 1 under Sec. 374 of Code of Criminal Procedure, 1973 (old) ('Cr.P.C.', in short) against the judgment and order of conviction and sentence dtd. 26/12/2013 passed by the learned Additional Sessions Judge, Banaskantha-Palanpur in Sessions Case no. 3 of 2013, wherein, the appellant came to be tried for offence punishable under Sec. 302 read with Sec. 114 of the Indian Penal Code, 1860 ('IPC', for short).
(2.) At the end of the trial, the appellant came to be convicted under Sec. 302 of IPC and was sentenced to life imprisonment with fine of Rs.500.00 and in default of payment of fine to suffer further simple imprisonment of fifteen days.
(3.) Brief facts which are necessary to dispose of the present appeal are in nutshell as under: