DILIPBHAI KUBERBHAI KAPASIYA (CHAMAR) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant was arraigned as accused before the Sessions Court, Dahod, in Sessions Case No. 100 of 2005 along with elder brother Nirubhai Kuberbai Kapasia and Kantaben, wife of Nirubhai Kuberbai Kapasia, for the charge of having committed murder of the appellant's wife - Geetaben by causing serious injuries with knife and stones under instigation and abetment by two other accused persons.

(2.) The Trial Court convicted the appellant for the charge of murder of his wife and sentenced him to undergo imprisonment of life with fine of Rs. 1000/ -, in default, to undergo six months imprisonment, vide judgment and order dated 06.01.2006. By that very judgment, the Trial I Court acquitted remaining two accused persons -original accused nos. 2 and 3 and hence, this appeal is filed by the original accused no. 1. The case of the prosecution in brief is that the appellant was staying with his wife Geetaben at Village: Ukaradi in Dahod Taluka and Dist: Dahod. On 06.04.2005, at about 04.00 a.m. in the early morning, the appellant is alleged to have assaulted his wife Geetaben with knife and stone and caused her vital injuries. On being assaulted, the deceased raised shouts for help, and therefore, Ramiben -mother of the accused, who was in another room, reached the place and found the deceased lying dead over there. She, therefore, lodged an F.I.R. with Dahod Rural Police Station. On the basis of which, offence was registered and charge -sheet came to be filed before the Judicial Magistrate First Class, Dahod, who in turn, committed the case to the Court of Sessions and Sessions Case No. 100 of 2005 came to be registered. Charge was framed against three accused persons at Exh. 1, to which they pleaded not guilty and came to be tried. At the end of trial, the Sessions Court acquitted remaining two accused persons and convicted present appellant, as stated above and hence, this appeal.

(3.) ACCORDING to learned advocate Ms. Sadhana Sagar for the appellant, all independent witnesses examined by the prosecution have turned hostile and have not supported the prosecution case except P.W. 6, P.W. 7 and P.W. 8, who are relatives of the deceased on her parental side. Though they have not turned hostile, their evidence does not implicate the accused in any manner.