ARVIND MANSUKH MAKWANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant came to be tried by Sessions Court, Junagadh for the offence of murder of Nirmalaben, wife of Jagdish Shantilal Solanki, by entering into her house located at Raghuvir Society of Junagadh, on 11.2.1998 at about 13:00 hours and came to be convicted therefor by judgement and order dated 16th July 2002 in Sessions Case No.65 of 1998.

(2.) The brief facts of the case are that the appellant and deceased Nirmalaben were in an affair for a long time. Somehow, the victim refused to continue the relationship which annoyed the appellant. He, therefore, went to her house at 13:00 hours on 11.2.1998 and inflicted a knife blow on right side of the chest of the victim, which ultimately resulted into her death. The incident was seen by the children of the victim. On the victim and the children raising alarm, the neighbours arrived and the appellant was caught in the process of escaping. The victim was taken to the hospital, where she gave history to the doctor, whereafter her dying declaration was recorded by the Executive Magistrate. Her FIR was also recorded by police. In the history to the doctor as well as in the FIR and the dying declaration, she has implicated the appellant. The police filed chargesheet against the appellant in the Court of the learned Chief Judicial Magistrate, Junagadh, who in turn committed the case to the Court of Sessions, and Sessions Case No.65 of 1998 came to be registered.

(3.) We have heard learned advocate Ms.J.R.Acharya for the appellant and learned Additional Public Prosecutor Mr.L.B.Dabhi for the State.