PADMINI MAHENDRABHAI GADDA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Aggrieved by the judgment and order, dated 4th October, 2006, passed by the High Court of Gujarat at Ahmadabad in Criminal Appeal No. 833 of 1997 and Crl.M.A. No. 1121 of 1998 in Crl.A. No. 833 of 1997, the appellant is before this Court.

(2.) The facts of the case in a nutshell as presented by the prosecution, are that the appellant herein and Mahendrabhai (deceased) had love marriage in the year 1981 and they were blessed with two daughters. The deceased was running health clubs in the city of Ahmedabad in the name and style of P.M. Health Club at two different locations; one at Naranpura and the other at Ambawadi. Accused No.1 i.e. Kishore Thakkar was employed by the deceased to work at Naranpura location. With passage of time, the appellant (A2) developed extramarital relationship with Kishore Thakkar (A1) and in consequence of their pursuit, they planned together to eliminate Mahendrabhai (deceased). In that context, on 111994, when the complainant's wife contacted the appellant at about 10:30 AM, appellant informed her that the deceased had gone to Naranpura Health Club. Further, when complainant enquired about the deceased at 3:00 PM, appellant is alleged to have replied that the deceased left for Bombay. Hearing this, complainant became suspicious about the way his sister replied. The complainant along with his wife, at about 4 pm on that day, visited the house of the appellant and asked her to go and get her elder child back from the school. After she went out of the house hesitatingly, he searched the house and found his brother-in-law lying dead in a pool of blood in the bathroom and A1 was present there. As soon as he tried to catch hold of A1, he ran away from the spot half naked by pushing him. While that is so, the appellant who went to bring back her elder child from the school, did not return to her home.

(3.) Basing on the complaint of the brother-in-law of the deceased, police registered Crime No. I.C.R. 759 of 1994 under Section 302 read with Sections 120B and 201 of Indian Penal Code, 1860 [hereinafter `I.P.C' for brevity]. After conducting panchnama at the scene of offence, body of the deceased was sent for postmortem. Carrying on investigation of the crime, police nabbed and arrested both the accused on 201.1995 from S.T. Bus Station, Mehsana. After that, they collected evidences from various places where both the accused had spent their days together after the date of occurrence until their arrest. Upon filing of charge sheet by the police, the trial court took cognizance of the offence and framed charges. Accused pleaded not guilty and claimed to be tried.