BHARATBHAI @ BAKOO BHAICHAND BHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT ­accused, husband of the deceased, was convicted and sentenced for the offence punishable under Section 302 of the Indian Penal Code for life imprisonment with fine and in default imprisonment for one month by the judgment and order dated 14/08/2006 rendered in Sessions Case No.201 of 2005 by the learned Additional Sessions Judge, Fast Track Court No.1, City Sessions Court, Bhadra, Ahmedabad City, is, therefore, before this Court questioning the impugned judgment and order of conviction and sentence.

(2.) AS per contents of the FIR (Exh.34), the deceased was done to death by strangulation by appellant herein on 30/05/2004 at any time before 23:00 hours, while the accused and the appellant were in their house at Amraiwadi. The deceased was declared dead at about 23:00 hours.

(3.) PW No.1 ­ Dr.Bhavnaben Chanakyakumar Patel, was examined at Exh.10. She examined the accused and found as many as eight injuries; all of whom were simple in nature and as per the opinion of the Doctor, such injuries were possible to an assailant, if the victim sought to be strangulated, struggles and attempts to come out of his or her clutches. All the injuries were found to be fresh i.e. they were opined to have been caused within a period of three days from the date of examination by this doctor. The accused in the crossexamination propounded the story that such injuries were possible, if two friends indulged into friendly fight.