PREMJIBHAI HARIBHAI ZHALA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) BY way of this appeal, the appellant, original accused, has challenged the judgement and order of conviction and sentence passed by the learned Additional Sessions Judge, Fast Track Court No.5, Ahmedabad District, Ahmedabad (Rural), in Sessions Case No.15 of 2006 on 30.04.2007, whereby the learned Trial Judge has convicted the appellant, original accused, for the offences punishable under section 302, 498 (A) of the Indian Penal Code ( for short, " the IPC") and under Section 135 (1) of the Bombay Police Act. For conviction u/s. 302 of the IPC, the appellant has been sentenced to undergo imprisonment for life and fine of Rs.1,000/, and in case of default of payment of fine, simple imprisonment for a further period of two months. For conviction u/s. 498 (A) of the IPC, the appellant has been sentenced to undergo rigorous imprisonment for two years and fine of Rs.500/ and in default of payment of fine, simple imprisonment for a further period of fifteen days and for conviction u/s. 135 (1) of the Bombay Police Act, the trial court imposed fine of Rs.100/ and in default of payment of fine, simple imprisonment of seven days. Both the sentences were ordered to run concurrently and the appellant was given the benefit of setoff.

(2.) A complaint was filed by one Kantilal Govindbhai Chauhan, on 31.08.2005 at the Sola High Court Police Station. It is stated in the complaint that the complainant is the cousin of the deceased, Premilaben and is residing at Rohidas Society, House No.93, Chandlodiya, along with his family and serving as Peon in the sessions Court. It is the case of the prosecution that his cousin, Premilaben got married with Premjibhai Haribhai Zhala, accused herein and they have three sons and and three daughters. It is also stated that since eight months, Premilaben along with his children were residing at Rohidas Society, House No.108, Chandlodiya on rent. On 31.8.2005 in the morning at about 4:30 hours, his sister's son came at his house and informed the complainant that his father was beating his mother. Thereafter, the complainant came to the house of his cousin and found his cousin, premilaben lying at the door and vital parts of the body were seriously injured and her neck was constantly bleeding. Thereafter, the complainant called ambulance and taken her to the Civil Hospital. The doctor after examining her, declared her as dead.

(3.) THUS , from the evidence of this witness it is established that the death of the deceased is a homicidal death.