ANSINGBHAI BHIKHABHAI RATHVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Present appeal arises out of a judgment and order rendered by Sessions Court, Vadodara at Chhotaudaipur in Sessions Case No. 72 of 2004 on 04/04/2006, convicting the appellant for the offence of murder of Sangitaben Shuklabhai Rathva punishing him under Section 302 of the Indian Penal Code and sentencing him to undergo RI for life and to pay a fine of Rs. 1,000/-, in default, further RI for one month.

(2.) The facts of the case in brief are that the appellant was in love with Sangita. That relationship came to be snapped because of interruption of relations of the girl. The appellant was, therefore, annoyed and on 21/06/2004 at about 02:00 p. m. when Sangita had gone to the field of Karsan Bhura Baria and Hira Bhura Baria, the appellant attacked her and gave her kick and fist blows in abdomen and attacked her after making her fall to the ground. This incident was seen by Sudhaben- PW No. 4 who was examined at Exh. 23. After the incident, Sangita went home. On the way, Sangita informed about the episode to Kamlaben, her aunt. Sangita succumbed to the injuries on 23/06/2004 at about 08:00 p. m. She was taken to hospital on making complain of pain in the abdomen and, ultimately, she was taken to Hospital where PM was performed and it was found that she had suffered rupture of spleen. Externally there were two contusions only. The Medical Officer, who had performed the postmortem, was examined by the prosecution at Exh. 17, who opined that she had died because of external and corresponding internal injuries. FIR was lodged by Shuklabhai Nathubhai, father of Sangita on 24/06/2004 with Bodeli Police Station, on the basis of which, offence was registered, investigated and, ultimately charge-sheet was filed in the Court of learned JMFC, Chhotaudaipur, who in turn, committed the case to the Court of Sessions and Sessions Case No. 72 of 2004 came to be registered.

(3.) We have heard learned Advocate Mr. Baghel for the appellant and learned APP, Mr. Soni for the respondent State of Gujarat.