KHATRI HEMRAJ AMULAKH Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Khatri Hemraj Amulakh (27) was tried in the court of Sessions Judge Palanpur on a charge under section 302 Indian Penal Code for the murder of his wife Bai Thakari (20) and was acquitted, On appeal filed by the State, the High Court of Gujarat set aside the acquittal of the accused convicted him under S. 302 Indian Penal Code and sentenced him to undergo imprisonment for life. The accused has now come up in appeal to this Court by special leave.

(2.) The prosecution case is that Bai Thakari deceased was the daughter of Lakhmanji (PW 7). She was married to the accused about two years prior to the present occurrence. After the marriage the accused was not on speaking terms with his father-in-law and did not allow Thakari deceased to visit her father's house. The deceased complained to her father that the accused maltreated her.

(3.) Till about 20 days before the present occurrence, the accused along with Thakari deceased as well as his younger brother Magan Lal, (PW 3) and the latter's wife Bai Dahi (PW 4) used to live with his elder brother Daya Ram in Sindhi Colony in the town of Deesa. About 20 days before the occurrence the accused and Magan Lal separated from Daya Ram and along with their wives started living in a house in Mata-Sheri, another locality of that town. The accused and Magan Lal jointly ran a small shop at short distance from their house.