RAMNARAYAN SHIVRAM KEVAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge in this appeal preferred under Section 374 of the Code of Criminal Procedure [for short 'the Code'] is to the judgment and order dated 15/01/2005 rendered in Sessions Case No. 73 of 2002 by the learned Additional Sessions Judge, F.T.C. No. 2, Surat [for short 'the trial Court'], whereby the appellant, who was original accused in the said sessions case, came to be convicted for the offence of murder of his wife - Javitridevi punishable under Section 302 of the Indian Penal Code [for short 'IPC'] and was sentenced to undergo imprisonment for life and fine of Rs.2,000/ - and in default of payment of fine, rigorous imprisonment [RI] for one year.

(2.) The prosecution case, as unfolded during the trial, is that the appellant - accused along with his wife named Javitridevi, was doing labour work in Surat in the factory of PW 13 Dineshbhai Ranchhodbhai Patel, which was situated in the area called Pandol Road, Shed No. 435, Surat. As per the prosecution case, the accused with his wife Javitridevi, was residing in a room which was situated on the first floor of the factory and in the ground floor, workers of the factory including the accused were performing their duties during day time.

(3.) It is the prosecution case that the relationship between the accused and his deceased wife was not cordial and he accused suspected character and fidelity of his wife. First informant Omprakash Raghuvir Mangalya was husband of sister of deceased Javitridevi. Thus, first informant Omprakash was brother -in -law of the accused. Omprakash was also serving as worker in the factory and it is the prosecution case that at the instance of Omprakash, accused got his employment in the factory as well as a residential accommodation in the first floor of the factory. Omprakash on and often visited the room wherein accused and his wife were residing. The accused, therefore, suspected that Omprakash was maintaining illicit relations with his wife Javitridevi. It is also the prosecution case that the accused used to demand dowry from his in -laws and on that count he was ill -treating his deceased wife.