GOVIND KRISHNA BAVRI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of present appeal under Section 374(2) of the Code of Criminal Procedure, 1973, the appellant has challenged the judgement and order dated 16.4.2010 passed by learned Sessions Judge, Banaskantha, Palanpur, in Sessions Case No. 121 of 2009 whereby the trial Court has convicted the accused under Section 302 of the Indian Penal Code and Section 135 of the Bombay Police Act and sentenced him to undergo life imprisonment and to pay fine of Rs. 500/ - and in default of payment of fine, to suffer further simple imprisonment for one month for the offence punishable under Section 302 of the Indian Penal Code. The trial Court also sentenced the accused to undergo rigorous imprisonment for one month and imposed fine of Rs. 100/ -, in default of payment of fine, to further suffer simple imprisonment for seven days for the offence punishable under Section 135 of the Bombay Police Act. All the sentences are ordered to run concurrently.

(2.) EARLIER learned advocate Mr. A.P. Shah was appearing for the appellant. However, he has filed a note whereby he has stated that wife of the appellant had taken away the papers from him and in that view of the matter, he sought permission to withdraw his appearance as an advocate for the appellant. In view of the recent decision of the Hon'ble Supreme Court where it is held that if no adverse order is likely to be passed and some favourable order is passed in favour of the appellant, it will be open for the Court to conduct hearing of the matter on the basis of oral as well as documentary evidence on the record. Hence we take up the matter for hearing finally.

(3.) BRIEF facts of the prosecution case are that the accused asked his father -in -law why his wife Parmeshwari was not sent with him. In that regard a quarrel took place between the accused and his father -in -law. Therefore, on 6.10.1994 at about 3.15 p.m. near Limda Tree, Mansarovar Railway Crossing, Palanpur, the accused with an intention to do away with the deceased, gave severe blow to the deceased on her left chest and right hand shoulder with knife and thereby he caused death of the deceased. A complaint in that regard was lodged. Investigation was carried out. After completion of investigation, charge sheet was filed in the Court of learned Chief Judicial Magistrate, Palanpur. As the case was exclusively triable by the Court of Sessions, it was committed to the Sessions Court, Banaskantha, Palanpur.