KODARBHAI PARSHOTTAMBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by Sessions Court, Nadiad on 12th April, 2006 in Sessions Case No.160 of 2005 convicting the appellant for the offence of murder of his wife � Kaliben by attacking her with a stick and causing fatal injuries. As per prosecution case, the cause of death of the deceased Kaliben was cardiac respiratory failure due to hemorrhage (external and internal) which is due to multiple injuries over the body and multiple fractures.

(2.) THE prosecution case, in brief, was that the appellant was married to Kaliben, but because of Kaliben's habit of going to her parental house often, he suspected her fidelity. On the day of incident, i.e. 24.05.2005, the couple had a dispute. The deceased went to her cousin sister Kokilaben's house, where, it is alleged that the appellant gave her beating and then dragged her away. This happened at about 4.00 to 4.30 in the afternoon. Thereafter, in the next morning, the dead body of Kaliben was found from the field of first informant Rajendra (PW 1) near the bore-well. He, therefore, informed the police about it and on the basis of that, the police registered offence and investigated. Ultimately, charge-sheet was filed against the appellant for the offence of murder of his wife. The case was committed by Judicial Magistrate, First Class, Kheda to the Court of Sessions and Sessions Case No.160 of 2005 came to be registered. The charge was framed against the accused vide Exh.12, to which, accused pleaded not guilty and came to be tried.

(3.) WE have scanned the record and proceedings and the evidence, in context of rival submissions. PW 1 � Rajendrabhai is also known as Budhabhai. He is the owner of the field, where father of the victim was working and was staying in a small room constructed for the purpose of bore- well. The father of the victim had gone out for some marriage ceremony at the time of the incident, but, this witness claims that he had seen the accused on the relevant date in his field. He summoned him, but the accused went away. This is in the evening of 24th May, 2005. As per the prosecution case, after having quarrelled and beaten victim Kaliben, the accused dragged her to her parental house, which is in the field of Rajendrabhai and witness Kokilaben, Savitaben and Dineshbhai claimed that the accused dragged victim Kaliben away from the house of Kokilaben after giving her a beating and as per the prosecution case, at the field of Rajendra, the appellant committed murder of Kaliben. If that be so, Rajendra would have seen Kaliben along with accused Kodarbhai. Not only this witness has not seen victim Kaliben, but he does not speak of presence of witness Ramesh.