BALVANTBHAI LAXMANBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By preferring this appeal, the appellant challenges the judgment and order rendered by the Sessions Court (FTC-10) Rajkot, in Sessions Case No. 99 of 2004, on 15.2.2005, convicting him for the offence of murder of his wife Divyaben and sentencing him to suffer imprisonment for life with a fine of Rs. 500/-, in default S.I for two months.

(2.) The case of the prosecution is that the alleged incident occurred on 3.6.2004 at about 18.30 hours when the appellant assaulted his wife Divyaben with a stone and caused injuries on her head and face, resulting into her death. The motive attributed is that the appellant suspected Divyaben of infidelity. It is the case of the prosecution that the appellant himself reported the incident to `A' Division Police Station, Rajkot City on the very day by lodging FIR. On the basis of the FIR, offence was registered and was investigated. After investigation, charge sheet was filed in the Court of learned J.M.F.C.Rajkot, who, in turn, committed the case to the Court of Sessions, Rajkot and Sessions Case No.99/2004 came to be registered.

(3.) Charge was framed against the appellant at Exh.19, to which he pleaded not guilty and claimed to be tried. The trial Court accepted the prosecution case and convicted the appellant and sentenced him, as stated in the earlier part of this judgment.