(1.) Present appeal, under Section 374 of the Code of Criminal Procedure, 1973 ((for brevity, 'the Code'), filed by the appellant - original accused, is directed against the judgment and order dated 30/01/2008 passed by the learned Additional Sessions Judge, Fast Track Court No. 2, Mahesana in Sessions Case No. 84 of 2007, whereby, the learned trial Judge was pleased to convict the appellant herein - original accused for the offence punishable under Sections 302 of the Indian Penal Code, 1860 (for brevity, 'the IPC') and sentenced him to life imprisonment and a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for fifteen days.
(2.) Brief facts of the case of complainant - Amratji was such that he resided at village: Rajipura, taluka: Satlasana. He was having three brothers and four sisters out of which, one sister namely Savitaben had married to one Thakore Sovanji Babaji at village: Tarabh and in progeny, they had three sons and four daughters amongst whom, deceased Shankerji was the eldest one. It was further the case of the complainant that on 07/10/2006, he had received a telephonic information from his brother-in-law namely Rabhuji Keshaji about the death of his nephew - Shankerji and when he rushed to village: Tarabh and inquired about the same, it had come to know that after going out on 05/10/2006 at 12:00 at noon, his nephew - deceased Shankerji had not returned. It had further come to know that deceased - Shankerji had illicit relations with the wife of the accused - Thakore Halaji Nagjiji and the accused had a suspicion of the same and keeping grudge of the same, he killed Shankerji by drowning him in the lake. One Lakhiben Mafaji also informed them that on 05/10/2006, she had seen the accused and the deceased fighting near the lake. Accordingly, on the said backdrop, a complaint came to be lodged against the accused for the offence punishable under Sections 302 of the IPC on 03/06/2007.
(3.) We have heard Mr. F.B. Brahmbhatt, learned advocate for the appellant - original accused and Mr. L.R. Pujari, learned Additional Public Prosecutor, for the State.