(1.) This appeal is directed against the judgment and order dated 15th November, 2006 passed by the learned Addl. Sessions Judge & Presiding Officer, Fast Track Court No. 2, Mehsana in Sessions Case No. 92 of 2006 whereby, the appellant was convicted for offence punishable u/s. 302 of the Indian Penal Code, 1860 [for short, Sthe I.P.C. ] and sentenced to undergo imprisonment for life with fine of Rs.200/- and in default of payment of fine, simple imprisonment for a further period of one month. The appellant was given the benefit of set-off.
(2.) The brief facts of the prosecution case are as under ;
(3.) The prosecution has examined in all twelve witnesses in order to prove the guilt against the appellant. PW 1 Dr. Tushar Mohanbhai Setalvad at Exhibit 7, PW 2 Dr. Hareshbhai Shaileshbhai Patel at Exhibit 9, PW 3 Indravirsinh Vajubha Jhala at Exhibit 13, PW 4 Bhuriben Dungarji Thakor at Exhibit 18, PW 5 Yavarhusain Nadirkhan Patel at Exhibit 19, PW 6 Dr. Mahesh Chimanlal Sutaria at Exhibit 25, PW 7 Dineshbhai Kevaldas Patel at Exhibit 38, PW 8 Khodaji Aluji Thakor at Exhibit 40, PW 9 Muljibhai Khushalbhai Parmar at Exhibit 41, PW 10 Udaysinh Sartansinh Thakor at Exhibit 42, PW 11 Lalji Maganji Thakor at Exhibit 47 and PW 12 Keshavji Govindbhai Sardava at Exhibit 49.