VIJAY NATHALAL GOHIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal is against the final judgment and order dated 21.03.2009 passed by the High Court of Judicature at Bombay in Criminal Appeal No.4 of 2003, upholding the conviction and sentence of imprisonment of the appellant for life awarded by the Additional Sessions Judge under Section 302 of the Indian Penal Code (hereinafter referred to as 'IPC'). The appellant has however been fully exonerated from the charges under Sections 498A and 304B IPC.

(2.) Stated briefly, the appellant was married to the deceased. They had two children. The Trial Court/High Court found that the appellant and the members of his family ill-treated the deceased and there were frequent altercations between the husband and the wife. The appellant had even left his wife at the home of her parents at Rajkot where she lived for some time. However, she was later brought back and the appellant and the deceased started living in a room adjacent to the embroidery factory of the appellant.

(3.) On 21.05.1990, the appellant went to the police station and reported the death of his wife. He stated that she had consumed poison. His statement and the statements of some others were recorded on the same day. It appears that the appellant gave a bottle of poison to the police in the presence of panchas claiming that the deceased had consumed poison from the said bottle.