RAMABHAI BHURABHAI SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal, whereby, the original accused appellant, herein, has assailed the judgment and order of the learned Additional Sessions and 2nd Fast Track Judge, Nadiad, Dated : 08.05.2008, rendered in Sessions Case No. 112 of 2007, whereby, the appellant was convicted for the offence punishable under Section 302 of the Indian Penal Code and was sentenced to undergo imprisonment for life and to pay a fine of Rs.100/ -.

(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 Bhurabhai Ranchhodbhai Solanki, on 01.06.2007, before PSO, Virpur Police Station, wherein, he stated that he has four sons and four daughters and they are all married and they reside independently with their respective family. The complainant, then, went on to narrate the alleged offence stating that on 01.06.2007, at about 02:00 p.m., he went to the house of his son the present appellant, which is situated at a nearby distance, and when he called out, he did not receive any answer. The complainant, therefore, went towards the place, where, the cattle are kept and there the found that the deceased, who happened to be the wife of the present appellant, was lying dead. The complainant, then, made attempts to look out for the appellant, but, he failed to trace the appellant. Then, the complaint went to police station and lodged the complaint. According to the complainant, the reason for the alleged offence was the illicit relations between the deceased and one Prabhatbhai Hirabhai Solanki. On registration of the offence, police carried out the investigation. On completion of the investigation, since, prima facie evidence were found against the appellant, a charge -sheet was filed against him before the Court of the Ld. JMFC, Balasinor. However, since, the offence was exclusively triable by the Sessions Court, it was committed before the Sessions Court, Nadiad. At the time of trial, the appellant did not plead guilty and claimed to be tried. To bring home the charges leveled against the appellant, the prosecution examined the following witnesses; <FRM>JUDGEMENT_129_LAWS(GJH)9_20131.html</FRM> The prosecution also placed reliance on the following documentary evidence in support of its case;