ASHWIN GOVINDBHAI JOSHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant-Ashwin Govindbhai Joshi was married to Indiraben (the deceased) about 13 years prior to 13.04.2003 and out of their wedlock Indiraben had delivered two children - son 'Deep', aged about 10 years 1. and daughter 'Nidhi', aged about 7 years. The appellant was more or less unemployed, whereas Indiraben was working as a peon in a school. There were some disputes between the spouses, which led to a situation where Indiraben had started staying separately with the children. The dispute then remained was about the custody of minor son 'Deep'.

(2.) An FIR was lodged by Sushilaben Dhirajlal Teria (PW-10) at about 18:15 hrs. on the same day at Malaviyanagar Police Station, Rajkot City and on the basis of which an offence was registered and investigated. Ultimately the appellant-accused came to be charge-sheeted in the court of Chief Judicial Magistrate, Rajkot who, in turn, committed the case to the Court of Sessions as the offence was triable by the Sessions Court exclusively and the same was registered as Sessions Case No.115 of 2003.

(3.) The accused was charged for the offence punishable under Sections 498-A and 302 of the Indian Penal Code, 1860 (the IPC) (Exh.1) by the trial Court, to which he pleaded not guilty and claimed to be tried.