K.J.THAKER, J. - (1.)THE other two appeals namely Criminal Appeal Nos. 552 of 2007 and 389 of 2007, which are connected to this matter, have been listed today along with this matter. However, it is informed by learned advocates for both the parties that the appellant of Criminal Appeal No.552 of 2007, who is respondent in Criminal Appeal No.389 of 2007 has expired on 02.06.2013. Therefore, today, by a separate order, these two appeals viz. Criminal Appeal No.552 of 2007 and Criminal Appeal No.389 of 2007 are disposed of by this Court as abated.
(2.)BY way of this appeal, the appellant has challenged the judgment and order passed by the learned Presiding Officer, Fast Track Court No.6, Rajkot, in Sessions Case No.81/2006 dated 14th December, 2006, whereby, the appellant herein, original accused, has been convicted for life imprisonment for the offences punishable u/s.302 of the Indian Penal Code (for short, "the IPC") and fine of Rs.1,000/ and in default of payment, further sentenced of simple imprisonment for eight months. No separate sentence was passed for offence under section 135 of the BP Act.
A complaint was filed by the complainant, Najakubhai Bavkubai Khachare before the Jasdan Police station, inter alia alleging that original accused Nos. 1 and 2 and Dhulabhai Bhayabhai were jointly doing the agricultural work on the field of Puranbhai Samjdasbhai. It is alleged that on 12.4.2006, at about 9:00 p.m the present appellant, accused herein, and other persons went to the house of Dhulabhai Bhayabhai and a quarrel took place there. During the quarrel, while Mashrubhai Sidibhai Gamecha (coaccused) holding the deceased person namely Puranbhai Samjibhai, at that time the appellant inflicted a knife blow on the right side of belly and ran away from the place of offence and therefore, he received grievous injuries. Thereafter, Purandasbhai was taken to Jasdan Hospital. During the course of treatment, Purandasbhai was expired. Thereafter, the complainant filed the complaint. After necessary investigation was carried out and the appellant came to be arrested.

3.1. On completion of investigation, chargesheet was filed before the appropriate Court. Since the case was Sessions triable, it was committed to Sessions Court, Rajkot. The appellant pleaded not guilty and therefore, charge was framed and trial was initiated.
3.2. During the trial, the prosecution examined as many as 1o witnesses. Najakubhai Bavkubhai Khachar (complainant) examined as PW1 at Exh.6, Raydhanbhai Ranabhai as PW2 at Exh.8, Kamabhai Jamabhai as P.W.3 at Exh.10, Hareshbhai Bhimdasbhai as P.W.4 at Exh.12, Dr. Rakeshbhai M. Maitri as P.W.5 at Exh.14, Mamaiyabhai Medhabhai as P.W.6 at Exh.19, Champaben Dhulabhai Bhayabhai as P.W.7 at Exh.20, Dhudabhai Naranbhai as P.W.8 Exh.22, Rafikbhai Harunbhai as P.W.9 at Exh.23, Valjibhai Narshibhai Ukediya as P.W.10 at Exh.25, Hiteshbhai Jitendrabhai as P.W.11 at Exh.32, Punabhai Mohanbhai as P.W.12 at Exh.38, Jayantibhai Punjbhai Mehta as P.W.13 at Exh.40, Dr. Mahnarlal Pragjibhai Patel as P.W.14 at Exh.44 and Ranabhai Devshishbhai Ulwa as P.W.15 at Exh.49.
3.3. The prosecution had also relied upon several documentary evidence, more particularly the Inquest Panchanama at Exh.9, Panchanama of clothes of deceased at Exh.13, Post mortem Note at Exh.15 and the complaint at Exh.7.

(3.)AT the end of trial, the Court below recorded the further statement of the accused u/s. 313 of the Criminal Procedure Code and ultimately, passed the impugned judgment and order of conviction, which is under challenge in this appeal.