SONKUBHAI BAYAJUBHAI KUKNA (ADIVASI) Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant original accused, who had been earlier convicted under Section 304 -I of the IPC and was sentenced to undergo rigorous imprisonment for 10 years for the offence of causing death of his wife, is before this Court by way of the present appeal, whereby, he has challenged the judgment and order of the learned Additional Sessions Judge, Fast Track Court, Navsari, at Vansda, Dated : 25.11.2008, rendered in Sessions Case No. 47 of 2008, whereby, the appellant was convicted for the offence punishable under Section 302 of the IPC and was sentenced to undergo imprisonment for life and to pay a fine of Rs.5,000/ - and in default to undergo further simple imprisonment for six months.

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, reads as under;

(3.) A complaint was given by one Ramtubhai Bayajubhai before the Vansda Police Station on 30.06.2008, wherein, it was stated that the complainant is residing at Vangan, Tal. : Vansda, along with his family and earns his livelihood by doing agricultural work. In the complaint, it is stated by the complainant that they are three brothers including the appellant, herein, and two sisters and they all are married and reside separately along with their respective family. It is also stated in the complaint that the appellant had been recently released from the jail, on expiry of the sentence of imprisonment imposed on him for causing death of his wife. After being released from the jail, the appellant used to wander here and there in the village and frequently used to quarrel with the deceased over the issued of serving food.