LALSINH DEEPSINH ZALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal under section 378(2) of Code of Criminal Procedure, 1973 is preferred against the judgment and order dated 31.08.2004 of learned Additional Sessions Judge, Second Fast Track Court, Himatnagar in Sessions Case No.96 of 2004, whereby the appellant was convicted for the offence punishable under section 302 of Indian Penal Code, 1860 and sentenced to life imprisonment and fine of Rs.1,000/-, and in default of payment of fine, to undergo simple imprisonment for further six months. He was convicted for the offence under section 324 of IPC and sentenced to undergo simple imprisonment for two years and fine of Rs.500/-, and in default of payment of fine, to undergo simple imprisonment for further 1 month. For the offence under section 135 of Bombay Police Act, 1951, he was convicted to undergo simple imprisonment for one month. All the sentences were directed to be undergone concurrently.

(2.) The appellant Lalsinh was charged (Exh.15) for murder of his own mother Sajjanba, and for causing grievous hurt to his brother Dinusinh (PW-4). The prosecution case based on the complaint (Exh.16) lodged by Dipsinh (PW-3) who was the father of the appellant and husband of the deceased. The complainant stated that he had two sons namely Dinusinh and Lalsinh. Both were staying separately in their chhapra (small hut) in the agricultural field in the sim of village Vaktapur, taluka Talod, whereas he and his wife Sajjanba were also staying nearby in separate house. On 17.03.2004, which was a day of festival of Holi, at around 03.30 4.00 p.m. the accused-appellant picked a quarrel with his wife Gajaraba near his hut near the well. He was beating her and the children were crying. The complainant, who was at his nearby hut, sensed the trouble and went there. He requested the accused not to beat his wife. The accused reacted that why she did not bring Khajur (a date fruit) and Dhani (parched maze) for children on the occasion of the festival. Complainant father thereupon slapped Lalsinh.

(3.) The evidence on record of the trial court consisted amongst other ocular evidence, the evidence of Dinusinh (PW-4, Exh.17) who was the eye witness. He deposed that on the fateful day, when he was taking rest on a coat outside his hut after taking meals, Anubha sitting below tree near his hut shouted that there was a quarrel near Lalsinh s house. His wife Kailashben and son Rajpasinh were there and as somebody had sprinkled colour on his son, Kailashben was telling that he should first take bath as he was to go to school. PW-4 and his wife rushed there.