(1.) The present appeal filed under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short "the Cr.P.C.) emanates from the judgement and order dtd. 6/8/2015 passed by learned 3rd Additional Sessions Judge, Sabarkantha at Modasa in Sessions Case No.32 of 2014 convicting the appellant-original accused for the offence punishable under Ss. 302 of the Indian Penal Code, 1860 and sentencing him for life imprisonment.
(2.) The facts leading to the appeal are as under:
(3.) It is the case of the prosecution that on 6/4/2015 at about 17:25 hours, the accused has murdered his children (minor) by administering poison in tea, biscuits and water. The complaint was given by the wife PW-1, Dakshaben Jagatsinh Parmar and the trial Court, after examination of 21 witnesses and documentary evidence has convicted the appellant and sentenced, as mentioned hereinabove. SUBMISSIONS ON BEHALF OF ACCUSED