(1.) The present appeal is being filed by the appellant - original accused no. 1 under Sec. 374 of Code of Criminal Procedure, 1973 (old) against the judgment of conviction and order of sentence passed by the learned Additional Sessions Judge, Vadodara, Camp Chhota Udepur in Sessions Case no. 42 of 2012, wherein, the appellant along with other co-accused came to be tried for offences punishable under Ss. 302, 504 read with Sec. 114 of the Indian Penal Code, 1860 (old) ('IPC', for short). At the end of the trial, while the co-accused were acquitted, the appellant came to be convicted for offences punishable under Sec. 302 of the IPC and sentenced as under:
(2.) Facts in brief giving rise to file present conviction appeal as follows:
(3.) On the basis of material on record, the charge was framed against the appellant and other co-accused at Exh.9 and they pleaded not guilty and therefore, they came to be tried by the Sessions Court accordingly.