DILIP RAMANBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is at the instance of a convict -accused for the offences punishable under Sections 302 and 201 of the Indian Penal Code, and is directed against an order of conviction and sentence dated 14th March, 2006, passed by the learned Additional Presiding Officer, Fast Track Court, Valsad, in Sessions Case No.81/2005. By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently, sentenced him to suffer life imprisonment and a fine of Rs.500/ -. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for one month. In the same manner, the learned Additional Sessions Judge also found the appellant guilty of the offence punishable under Section 201 of the Indian Penal Code, and consequently, sentenced him to suffer rigorous imprisonment for three years and a fine of Rs.100/ -. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for 15 days.

(2.) Case of the Prosecution : -

(3.) The younger brother of the accused, named Sanjaybhai, went to the Vapi Police Station along with his another brother, named, Thakorbhai, and lodged a First Information Report about the incident. In the First Information Report lodged on 14th May, 2005 early in the morning by the brother of the accused, named, Sanjaybhai, it was stated that on 13th May, 2005, in the night hours the first informant was at his home, and at that point of time, the first informant heard his brother, the accused and his Bhabhi, the deceased, fighting with each other. The first informant, therefore, went to the house of the accused and the deceased, and asked them to stop fighting and go off to sleep. On 14th May, 2005, in the early morning at around 4 O'clock, the first informant heard the two sons of the deceased crying and therefore, the first informant rushed at the house of the accused and the deceased, and saw that the deceased was strangulated to death with a small pant. In the First Information Report, it was also stated that at that point of time, the accused was not to be seen in the house, and on inquiring with the two sons of the deceased, the first informant learnt that the accused and the deceased kept on quarreling upto 11 O'clock in the night, and thereafter, both the sons of the deceased went off to sleep. The first informant also learnt from the elder son of the deceased, named Hiren, that early in the morning at 4 O'clock, few customers knocked the shutter of the shop, and when the elder son of the deceased woke up to open the shutter, he found his mother dead, and his father, the accused, was not present in the house.