MUSTUFA ZUJARBHAI LOKHANDWALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this Appeal, the appellant -original accused, has challenged the judgment and order dated 30.09.2005 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari in Sessions Case No.6 of 2005, whereby the learned Judge held the present appellant guilty of having committed offences punishable under sections 302 & 201 of the Indian Penal Code and thereby, has convicted him under the said sections and has ordered to undergo imprisonment for life and to pay a fine of Rs.500/ - and in default to further undergo simple imprisonment for one month for having committed offence punishable under section 302 of the Indian Penal Code; and further ordered to undergo R.I. of three years and to pay a fine of Rs.500/ - and in default to further undergo simple imprisonment for one month for having committed offence punishable under section 201 of the Indian Penal Code. However, the appellant herein has been acquitted of the charges levelled under sections 304B and 498A of the Indian Penal Code.

(2.) BRIEF facts of the case are as under:

(3.) THE case of the prosecution is that the appellant had married to the deceased -Alefiaben 4 years prior the date of incident and they were residing in a room situated on the terrace of the flat. The appellant was lazy and addict and therefore, the family was facing financial crunch. The deceased used to give taunts to the appellant to change his attitude and therefore, she was subjected to physical and mental torture and cruelty. On account of above, on 02.11.2004, between 21:00 to 5:00 hrs., in the night, the appellant -accused, at his residence, caused serious injuries to the deceased and killed her by strangulation with a nylon string. Thereafter, he concocted the story by causing simple injuries to himself and also tried to destroy the evidences after committing the crime.