RAMESHJI PRATAPJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal at the instance of a convict and is directed against an order of conviction and subsequent sentence dated July 31, 2006, passed by the Additional Sessions Judge, 1st Fast Track Court, Deesa, Banaskantha, in Sessions Case No. 58 of 2005, thereby convicting the appellant on the charge of murder with a direction to undergo life imprisonment under Section 302 of the Indian Penal Code ["IPC" for short] and to pay fine of Rs. 500/ - with a stipulation that in default of payment of fine, he should undergo further imprisonment for one month. The learned Sessions Judge further imposed imprisonment for two months under Section 504 of IPC with a direction that both the sentences should run concurrently.

(2.) The following charge was framed by the learned Sessions Judge against the accused : -

(3.) One Sadaji Kalaji Thakor lodged a complaint against the accused person in Agathala Police Station vide CR No. 75 of 2004 under Sections 302 and 504 of IPC, thereby alleging that the deceased, namely, Alka, was his daughter who was married at Jorapura village earlier, but the said marriage ended in divorce and thereafter, her second marriage was solemnized with Thakor Rameshji Pratapji at village Deka about three years prior to the date of incident. According to the complainant, the accused was also earlier married with a lady at Shergadh but he had driven away his first wife. According to the complaint, the deceased had one son born in the wedlock with Ramesh Thakor, the accused. The complainant stated that the deceased had got typhoid fever about two months back, as a result, she was brought back to the house of the complainant and the accused took her back four days prior to the day of the incident. While in the paternal house, the deceased had told the complainant that her husband used to suspect her about her character, but the complainant did not pay any attention to such allegation. On the day of incident, when the complainant had gone to Lakhani and had come back to his house at Manaki, at about 5.00 O'clock in the evening, one Bhangi Bababhai of Agathala had come to his house with a jeep and informed him that Alka had been given blow of axe by her husband and she had been admitted in the hospital at Deesa. After hearing the aforesaid news, immediately, the complainant with his wife and the sons of his brother left for Deesa. When they reached the hospital, they found Alka lying dead. It appeared that she had sustained sharp wound on her neck and another wound had occurred in the back part of the shoulder. Her parents -in -law were present there and when asked, her father -in -law stated that the husband of the deceased used to suspect Alka of her character and was abusing Alka since morning and at about 11.30 in the morning, when Alka was sitting in the compound, Ramesh had given her two blows in quick succession by axe; one blow was given on the neck and another blow was given behind the shoulder in the back and as such, Alka had then collapsed by shouting, while the accused had run away with the axe.