PRAKASHKUMAR J GANDHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this Criminal Appeal, the appellant-accused Prakashkumar Gandhi challenges the judgment of conviction and sentence pronounced by the learned Additional City Sessions Judge, Ahmedabad in Sessions Case No. 6 of 1984 dated 8-10-1984 convicting the appellant-accused for the offences punishable under Secs. 302 and 201 of the Indian Penal Code and sentencing him to the imprisonment for life for the offence punishable under Sec. 302 of the Indian Penal Code to the R. I. for 5 years and to the fine of Rs. 1000.00 in default further R. I. for six months for the offence punishable under Sec. 201 of the Indian Penal Code.

(2.) The appellant-accused Prakashkumar Gandhi stood charged for the alleged commission of the offences punishable under Sec. 302 read with Sec. 201 of the Indian Penal Code alongwith his younger brother, parents and the brother-in-law on the accusation that during the night bewteen 15-7-1983 and 16-7-1983 they had administered Potassium Cyanide to the deceased Pravinaben who happened to be the wife of the present appellant-accused and murdered her. Alternatively, the accused persons stood charged for the alleged commission of the offence punishable under Sec. 302 read with Sec. 109 and 114 of the Indian Penal Code. The accused persons were also facing the charge for the alleged commission of the offence punishable under Sec. 201 of the Indian Penal Code on the accusation that they had caused the evidence of murder to disappear.

(3.) The case of the prosecution may be noticed in brief thus : The appellant-accused Prakashkumar Gandhi happened to be the husband of the deceased Pravinaben. The accused persons Nos. 2, 3, 4 and 5 are respectively the younger brother, parents and the brother-in-law of the accused No. 1. The accused No. 1 Prakashkumar used to reside at the house No. 2639 situated at Khadia locality within the city of Ahmedabad alongwith his wife Pravinaben. The marriage of the appellant-accused with the deceased Pravinaben had taken place some years back, but it appears that their relations were not cordial and ultimately Pravinaben had resumed her study at Nardipur at North Gujarat. The appellant-accused had filed the Hindu Marriage Petition for a decree for Restitution of Conjugal Rights. The above said application was challenged by the other side namely the accused Pravinaben on the ground that as a matter of fact, the husband wants to have a divorce from her and that false Hindu Marriage Petition for the Restitution of Conjugal Rights has been filed against her. It appears that later on above said matter was amicably settled and the deceased Pravinaben had reverted to her matrimonial house.