JAISHREEBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Mathur, learned counsel with Mr.Bharda, learned counsel with Mr.Mehta, learned counsel for the applicant and Ms.Mehta, learned Additional Public Prosecutor for the respondent - State through Video Conferencing.

(2.) The present application is filed under Section 439 of the Code of Criminal Procedure in connection with an FIR being C.R.No.I - 115 of 2019 registered with Kadodara GIDC Police Station, District: Surat Rural for the offences punishable under Sections 302 , 364 , 120(B) and 201 etc. of the Indian Penal Code .

(3.) Mr.Mathur, learned counsel with Mr.Bharda, learned counsel with Mr.Mehta, learned counsel for the applicant has submitted that the allegation against the applicant is that she connivance with other accused planned to kill her husband as her husband was living with another lady. He has submitted that the dead body of the deceased was found from the canal in de-compose manner. According to him, the entire case is based on the circumstantial evidence as none has witnessed killing of the husband of the applicant. He has also submitted that there is no material of conversation between the present applicant with other two accused. He has submitted that the applicant is a lady and not present at the place of occurrence and she has minor child i.e. daughter and mother-in-law. He has also submitted that the prosecution case regarding conspiracy is based solely on the presumption and there is no material to substantiate the charge against the present applicant that she has given contract to kill her husband. He has submitted that there is no any criminal antecedent against the applicant.