(1.) The present appeal is filed by the appellant, who came to be convicted under Sec. 304 Part-II of the Indian Penal Code (I.P.C. for short) by the judgment and order dtd. 12/9/2001 passed by the Additional Sessions Judge, Panchmahal, Godhra in Sessions Case No.100 of 1998, whereby the appellant was ordered to serve sentence of five years rigorous imprisonment with fine of Rs.3,000.00 and in failure of payment of fine further three months simple imprisonment.
(2.) The case of prosecution, as per the charge Exh.2 is that on 31/7/1997, at about 00:30 hours, the accused-appellant at his residence situated at G.E.B. Quarter in E/2, found his wife - Dhirajben in an illicit relation with her lover, Harshadkumar R.Sharma and at that time, the deceased threatened the accused-appellant, that if he comes between them, he would not be allowed to live.
(3.) Learned advocate Mr. V.D. Parghi for the appellant submitted that the judgment of conviction passed by the learned Trial Court Judge is without appreciating the evidence on record and the law laid down by the Hon'ble Supreme Court. Mr. Parghi stated that the learned Trial Court Judge ought to have considered the evidence on record that the wife of the accused i.e. the deceased had developed illicit relation with a co-employee of accused residing in the same colony.
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