- (1.)THIS appeal is directed against the judgment and order dated 26th April 2000 passed by learned Additional Sessions Judge, Nadiad, in Criminal Appeal No. 512 of 2000 whereby the appellant was convicted under section 302 of IPC and sentenced him to undergo rigorous imprisonment for life and fine of Rs. 500/-, in default, to undergo simple imprisonment for three years.
(2.)THE prosecution case, in short, is as under:
2. 1 The complainant is serving as an Octroi Clerk in Borsad Nagarpalika and his office is near Octroi collection centre (Jakatnaka) of Borsad Anand cross road. At the relevant time his office timings were from 5 am to 1 pm. On the day of the incident he was on duty and at about 10. 45 AM President of Nagarpalika told him that there was a fight near Octroi Naka and he may telephone the police. 2. 2 He had come out of Octroi Naka office and saw that near the Agricultural Marketing Office, at about 300 feet away many persons had gathered. He saw that one unknown lady was lying on the road in an injured condition and her clothes were bloodstained and he learnt that she was dead. He has also come to know that this lady along with a man was going towards Borsad from Anand cross road, they were fighting, and the man went along with her had caused injuries as a result of which she died. 2. 3 On receipt of the complaint the Investigating Officer reached the scene of offence, prepared panchnama of scene of offence in the presence of panchas, prepared inquest panchnama, filled up Marnotar form and sent the dead body for postmortem. He has also prepared the panchnama of clothes of the deceased and recorded statements of various witnesses. On receipt of the FSL report and postmortem note, the Investigating Officer has filed chargesheet in the court of learned Judicial Magistrate, Borsad. Since the case was exclusively triable by the Court of Sessions, the learned Magistrate committed the case to Sessions Court, Nadiad which was numbered as Sessions Case No. 279 of 1999.

(3.)THE Sessions Court has framed charge against he appellant and as the appellant pleaded not guilty, the prosecution has examined as many as 17 witnesses and has produced various documents like FIR, Postmortem note, FSL report, inquest panchnama, panchnama of scene of offence, panchnama of identification parade, etc.
3. 1 On submission of closing pursis by the prosecution, learned Additional Sessions Judge recorded further statement of the accused under section 313 of the Code of Criminal Procedure. Upon affording an opportunity of hearing to the learned advocates for the respective parties, learned Additional Sessions Judge delivered the impugned judgement convicting the appellant for life, which is challenged in the present appeal.