RAJUBHAI DASHRATHBHAI DHOBHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) APPELLANT was the original accused. By the impugned judgment dated 23.7.2008, he was convicted by the learned Additional Sessions Judge, Ahmedabad in Sessions Case No.327 of 2007 for offence under section 302 of the Indian Penal Code and sentenced him to imprisonment for life.

(2.) BRIEFLY stated, the prosecution version was that accused Rajubhai Dasrathbhai lived in Vatva area of the city of Ahmedabad with his wife Sushilaben. The husband and the wife had discord about the cause of death of their son Piyush. The wife would accuse the husband of causing his death. The husband was unhappy about such false accusation since according to him their son died due to natural causes. On 31.5.07, when deceased Sushilaben was preparing to sleep on the pavement of a shop in Bharwadvas of Vatva area, once again the husband and the wife had a quarrel about the death of their son. The accused got angry and lifted a chunk of brick and cement concrete lying nearby and gave blows to his wife on the side of her head near ear resulting into her death. Charge Ex.2 was framed alleging that in the process, the accused had committed offence punishable under section 302 of the Indian Penal Code.

(3.) RANCHHODBHAI Leravabhai, PW -2, Ex.10, was the first informant and was also supposed to be an eyewitness to the incident. He deposed that he lived in the same locality of Bharwadvas in Vatva. He had a shop by the name Jaibaba Ramdev near Gopal Park Society selling milk which would be open from 5.30 in the morning till 12.00 at night. On 31.5.07, he was sitting in his nephew's shop which was also selling milk products. The said shop was situated in Jagabhai -ni -chali. At 10 O'clock night when he was there, accused Rajubhai and his wife Sushilaben came there quarreling. He knew Rajubhai because his aunt had a shop by the name Ashapura Hairdressers, from where accused Rajubhai would do ironing work. The husband and the wife lived in the said shop. They were quarreling. Sushilaben complained to him that the accused had caused the death of their son Piyush. The witness had separated the quarreling couple and thereafter proceeded to his own shop. Half an hour later, Sushilaben rushed to him and expressed an anxiety that the accused would kill her. He confronted Sushilaben and when Rajubhai came to his shop, the witness persuaded him to calm down. Sushilaben thereafter went home and Rajubhai went in another direction. At 11 O' clock night on the same day, he closed his shop and went to the shop of his nephew, when half an later, Rajubhai came on a bicycle. He went where Sushilaben was sleeping. He picked up a chunk of concrete and stone and hit Sushilaben twice on her head. She screamed. The witness went away and the accused ran away. Early morning on the next day, he went to check whether Sushilaben was shifted to hospital and found that she was still lying there. He called the police. FIR was registered which was produced at Ex.11.