Z.K. Saiyed, J. - (1.)BY way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 30.06.2009 passed by the learned Principal Sessions Judge, Bharuch, in Sessions Case No. 71 of 2008. The said case was registered against the appellant - original accused for the offences punishable under Section s 302 of the Indian Penal Code. By the impugned judgment and order the appellant is convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and a fine of Rs. 500/ -, in default, S.I. for three months for the offence punishable under Section 302 of the Indian Penal Code.
(2.)ACCORDING to the prosecution case, original complainant of this case namely Shantaben @ Dhaniben Somabhai is mother of deceased Shakuben. She lodged a complaint before Nabipur Police on 15.3.2008 that her daughter deceased Shakuben was married to accused Lavghanbhai Devjibhai Vasava in Fichwada village before about eight years. Deceased Shakuben and the accused had been living in Navinagri of Shahpura, the village of complainant, for about one year and maintaining themselves by doing labour -work. In the morning of the day of the incident, deceased Shakuben and her mother Shantaben had gone for labour -work of weeding in the farm of Patel of the village where crop of ladies' finger had been cultivated. They returned home at about 12 -00 hrs in noon for having their meal and her daughter went to her house. When the complainant was at her house, Vishnu, aged 6 years, son of deceased Shakuben came to her house and told that his mother has been hit with leg of a cot on her head and she was bleeding. Therefore, she immediately went to the house of deceased. At that time, deceased Shakuben was lying near hearth in the house in unconscious state and a blood stained leg of cot was lying there. It was known from the people gathered there, that an altercation took place between deceased and the accused in connection with preparing food. As the accused got instigated, he hit leg of cot on head of the deceased and ran away. As the deceased was bleeding from her head, Kaliben -daughter of the complainant, Lalo Amir Vasava - resident of her street and Dinesh Kashibhai Vasava took deceased Shakuben to a hospital at Bharuch in an auto rickshaw of Pravinbhai Gopalbhai, resident of the village. The complainant returned to her house. Pravinbhai returned home with his rickshaw in evening and told that the deceased has been sent to Vadodara from Bharuch for further treatment. Thus, under such circumstances, the original complainant Shantaben lodged a complaint before the police.
Thereafter, charge Ex.5 came to be framed and explained to the accused person, to which he pleaded not guilty and claimed to be tried.

(3.)IN order to bring home the charges against the accused person, prosecution has examined 11 witnesses and also produced 21 documentary evidences.