JAYABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant was the accused before Sessions Court, Amreli, in Sessions Case No. 33 of 2002 and was tried and convicted for the offence of murder of her mother-in-law Lilaben Jivrajbhai on 28.10.2001 at about 21.30 hours at village Dundhiya-Pipaliya of Taluka Vadiya in District Amreli by giving axe blows. She is sentenced to suffer imprisonment for life and to pay fine of Rs. 500/- and in default, to undergo simple imprisonment for two months by judgement and order dated 22.8.2005 in Sessions Case No. 33 of 2002 rendered by the Sessions Court.

(2.) As per the prosecution case, the appellant and her mother-in-law Lilaben were not sailing smoothly. Their relations were strained. Similarly, the appellant's relation with her husband was also strained. From the wedlock with first informant Harsukh Jivrabhai, the appellant had delivered two children. As per the prosecution case on the date of incident, deceased Lilaben and the appellant's two children namely minor Yogesh and Chirag, were sleeping at osari of the house in two different beds lying close to each other. As per the prosecution case, the appellant went there armed with an axe and started inflicting blows on the deceased while deceased was sleeping. As per the prosecution case, this incident was seen by the appellant's sons Yogesh and Chirag. Yogesh intervened in the incident and tried to stop the appellant from making further attack by embracing the accused. The appellant, thereafter, left the place. Yogesh and Chirag rushed out of the house and asked a relative to inform their father. The appellant's husband Harsukh arrived at the spot and took the deceased to the hospital where she was declared dead. The appellant's husband Harsukh lodged FIR with the police, on the basis of which offence was registered and case was investigated. During the course of investigation, as per the prosecution case, panchnama of the place of incident was drawn. Clothes of the appellant were recovered. The axe used in the commission of crime was discovered by the accused and was seized by the police. Statements of relevant witnesses were recorded and ultimately, having found sufficient material against the accused, police filed chargesheet in the Court of JMFC, Vadia, who in turn committed the case to the Court of Sessions and Sessions Case No. 33 of 2002 came to be registered.

(3.) Charge was framed against the accused appellant at Exh. 2 for the offence of murder to which she pleaded not guilty and claimed to be tried.