RATILAL LAKHABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appelllant challenges his conviction under the provisisons of section 302 of the Indian Penal Code for double murder and the sentence of life isonment with fine of Rs. 500=00 in default further simple imprisonment for a period of one month, imposed on him by the learned Additional Sessions Judge, Surat at Vyara on 7-10-1995 in Session case No. 91 of 1994.

(2.) The prosecution version in brief is that on 24th December 1993 at about 1.30 a.m. after the midnight the accused on seeing his wife Ramani and deceased Raman Bhurji lying together uncland in the field of Jethiya Devji behind his house gave axe blows to both if them causing serios injuries resulting in their death According to the prosecution the injuries with a lethal weapon like axe were inflicted on these persons with an intention to cause their death and therefore the accused commited an offence of murder punishable under section 302 of the Indian Penal Code.

(3.) The learned trial Judge on the basis of the material on record came to a finding that the accused killed his wife and her paramour on seeing them sleeping together in the open field behind his house and in that regard he made an extra judicial confession before witness Vasantbhai which fact was supported by other witness. The trial Judge also noted that the discovery of the axe with which the accused had inflicted blows on the two deceased persons was made at the instance of the accused under the pachnama exh. 25, which was proved in the deposition of the panch witness Ashwin at exh. 25. He also took note of the fact that when the prosecution witnesses reached the scene of offence Raman Bhuraji was alive lying there injured and he had muttered that the accused had given him the blows. Finding the accused guilty of intentionally causing death of these two persons the trial Judge found that there was no grave and sudden provocation that would justify invoking Exception I to section 300 of the Indian Penal Code. This he concluded in paragraph 35 of his judgment in which he resorted to the reasoning that from the map exh.20, it appeared that there was some distance between the house of the accused and the scene of the accused came armed with an exe with him at that hour of night would show that he must be knowing about the relationship and had proceeded to the scene of offence with a deliberate and calculated move to cause death of these two persons. That is how the trial court found the accused guilty of the offence under secction 302 of the Indinan Penal Code and sentenced him to life term and fine as noted above.