VISHRAMBHAI JIVABHAI GOPAT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict and is directed against the order of conviction and sentence, dated 23rd October, 2008, passed by the learned Additional Session Judge, 4th Fast Track Court, Himmatnagar, Camp at Idar, in Sessions Case No. 143 of 2007, by which the learned Sessions Judge convicted the appellant for the offence punishable under Section 302 of the Indian Penal Code and sentenced him to undergo imprisonment for life and fine of Rs.2,000/ - ; in default of payment of such fine, the convict was directed to undergo further imprisonment for six months. The learned Sessions Judge also convicted the appellant for the offence punishable under Section 498 -A of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for two years and fine of Rs.500/ - and in default of payment of such fine, he was to undergo further imprisonment for two months.

(2.) FOLLOWING charge was framed against the appellant vide Exhibit 3: '' On 22.05.2007, between 20:00 hours & 20:30 hours, you - the accused, strangulated your wife, namely Pushpaben, Aged : 27 years, to death with the aid of a cable wire, at Village : Kanadar, and thereby you committed the offence of murder, punishable under Section 302 and Section 498 -A of the Indian Penal Code ''. ''You - the accused committed the said act of brutality, as your wife, Pushpaben, was unable to bear any child from the wedlock with you and for such a reason, you - the accused used to frequently harass your wife, Pushpaben, mentally and physically. ''

(3.) THE accused pleaded 'Not Guilty ' and claimed to be tried.