RAMUBHAI THAGIYABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was an accused before Sessions Court, Surat in Sessions Case No. 147 of 2002 and came to be convicted for the offences punishable under Sections 302 and 506(2) of IPC by judgement and order dated 21.11.2003, and hence, this appeal.

(2.) THE facts of the case are that on 27.08.2002, at about 10.00 p.m., when the appellant was served with his dinner by his wife Rushaben at their house located at Nava Falia of Village Areth. Tal. Manvi, Dist. Surat, he picked up a quarrel with Rushaben as to why she had not cooked fish for the dinner. THE wife of the accused- appellant said that she would cook fish the succeeding day on her getting some money. This small issue got converted into a flared-up altercation between the husband and the wife. Mother-in-law of the appellant, Jasuben Vesabhai Chaudhry, was present in the home. She tried to intervene but in vain and the situation aggravated to a point where Rushaben was dragged to the courtyard behind the house and was throttled by the appellant, after throwing her to the ground. This incident was witnessed by Jasuben. She tried to intervene but was intimidated. She, therefore, rushed to call the relatives and the neighbours, who were attending Yogeshwar Sabha. THE deceased Rushaben, however, died on account of asphyxia resulting into cardiac arrest because of throttling.

(3.) WE have heard learned advocate, Mr. Apurva Dave for the appellant. Learned APP, Mr. Pandya for the respondent-State. WE have examined record and proceedings.