SADANAD VENKATDRI TUMMA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 31.1.2007 passed by the learned Addl. Sessions Judge, Surat in Sessions Case No. 201/2006, whereby, the learned trial Judge has convicted the appellant under sec. 302 of IPC and sentenced to undergo life imprisonment and to pay a fine of Rs. 75,000/-, in default, to undergo further R/I for three years. Appellant is also convicted under sec. 307 of IPC and sentenced to undergo R/I for 7 years, and to pay a fine of Rs. 20,000/-, in default, to undergo further R/I for one year. He is also convicted under section 325 of IPC and sentenced to undergo R/I for three years and to pay a fine of Rs. 5000/-, in default to undergo further R/i for one year. It is further ordered by the learned Addl. Sessions Judge that out of total amount of fine, Rs. 25000/- each to be paid to the complainant (i) Samkka, (ii) Bhagylaxmi and (iii) Samlaxmi by way of compensation under section 357 of CrPC, which is impugned in this appeal.

(2.) 2.1 The case of the prosecution is that the appellant was drinking liquor and not working, therefore, there were economic problems in the house, and therefore the appellant was giving mental and physical torture to his wife Sandhya and many times, the appellant was used to leave the house. Therefore, Sandhya had left the house and went to her father's house at Pratapnagar, Block no. 8, Street No. 8, House No. 2. That on 30.6.2006, the appellant along with his mother came to the house of Sandhya's father, where, Sandhya, her mother-father and mother of appellant had advised the appellant to do work. Therefore, keeping grudge in mind why Sandhya had left his house without his permission, at about 2.00 O'clock in the night, the appellant had given blows with iron pipe on the head of Sandhya (his wife) and she succumbed to injuries. When complainant Samkka, appellant's mother Samlaxmi and witness Bhagylaxmi came to rescue Sandhya, the appellant had also beaten them by inflicting blows with iron pipe. When complainant had called her husband, the appellant ran away from there. Thereafter, they taken Sandhya to the hospital, where she died during treatment. Thereafter the complaint was filed.

(3.) Thereafter, after examining the witnesses, further statement of the appellants-accused under sec. 313 of CrPC was recorded in which the appellant-accused has denied the case of the prosecution.