SHUKKARBHAI KOLUBHAI DOKIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant has preferred this Appeal against the judgment and order of conviction and sentence dated 21st May 2007 passed by the learned Additional Sessions Judge and Presiding Officer, 2nd Fast Track Court, Valsad, in Sessions Case No.85 of 2006, whereby the appellant was convicted under Section 307 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 13th May 2006 the complainant and his family members were sleep at about 09:00 p.m. That around 00-15 a.m. on 14th May 2006, neighbour of the complainant namely Jasvantiben jashubhai Dokiya, who was dumb, had gone to the place where the complainant was sleeping and woke him up by shaking the complainant. Since she was frightened, was making signs in the manner a dumb person would do and thereby, had indicated signs of some one beating, towards her house. Therefore, the complainant gone to her house along with her. There was no light in the house and only a lamp was lightening. On the bed cousin sister-in-law (cousin brother's wife) of the complainant Shukriben Shukkarbhai Dokiya was sleeping. As Jasvantiben had pointed out finger towards her, when I saw under the light of the lamp, there was a tear would on the stomach of Shukriben and her intestines were out. There were also injury marks on her shoulder and back portion; and blood stains were found on the bed. It is also the case of the prosecution that when the complainant shook Shukriben, she had told the complainant that it is good that he has come, otherwise brother of the complainant will kill her. Thereafter, the complainant had gone to the hosue of his cousin's son Bharatbhai Dhedkabhai and woke him up. Thereafter, I went to woke up Mangalbhai Bhavdubhai Gawli and Rasubhai, son of Shukkarbhai and other persons of street. They all are gathered at Shukriben's house. Thereafter Mangalbhai and Bharatbhai was sent on motorcycle to bring some vehicle to take Shukriben to hospital. At about 05:30 a.m. when Mangalbhai and Bharatbhai brought Jeep of one Jiperbhai Bhoya of village Naddhari, complainant along with other six other persons take Shukriben to Dharampur Government Hospital. At the time when Shukriben brought to the hospital she was conscious and therefore, the persons who brought Shukriben to hospital asked her about the incident. Therefore, Shukriben told that there is ulcer in her husband's hand and her husband occasionally told Shukriben that this ulcer was done by her only, she was eaten me and she was supernatural element. Therefore, husband of Shukriben given knife blow on stomach and also injured Shukriben at shoulder and back portion also.

(3.) Therefore, a complaint to the said effect was registered with Dharampur Police Station. The Investigating Officer drawn panchnama of seen of offence in the presence of two panchas and muddamal was recovered from the place and the said muddamal was sent to Forensic Science Laboratory. Thereafter, the accused was arrested and taken into custody. Thereafter, the accused person was charge-sheeted before the JMFC, Dharampur.