DASHRATHBHAI CHATURBHAI PRAJAPATI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appellant has preferred this appeal under sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 4.10.2010 passed by the learned Addl. Sessions Judge, Fast Track Court No. 2, Mehsana in Sessions Case No. 1/2010, whereby, the learned trial Judge has convicted the present appellant -Accused under sec. 302 of IPC and sentenced to undergo life imprisonment. He is also convicted under section 201 of IPC and sentenced to undergo R/I for five years, which is impugned in this appeal. At the out set, it is to be noted that as per the jail remarks, the appellant -accused is absconded since 5.11.2011 when he was released on furlough by this Court from 21.10.2011 to 4.11.2011. The brief facts of the prosecution case is that it was alleged by the complainant that his daughter Rukhiben got married 15 years before with the present appellant and they had one daughter namely Disha. It was further alleged that there was no male child and therefore the appellant wanted to remarry for male child. It was further alleged that for this reason the appellant was ill -treating his daughter Rukhiben. It was also alleged that prior to 29.8.2009 the appellant had killed his daughter Rukhiben and grand -daughter Disha. Therefore, the complaint was filed.

(2.) THEREAFTER , after examining the witnesses, further statement of the appellant -accused under sec. 313 of Cr.P.C. was recorded in which the appellant -accused has denied the case of the prosecution.

(3.) AFTER considering the oral as well as documentary evidence and after hearing the parties, learned trial Judge vide impugned judgment and order dated 4.10.2010 held the present appellant - original accused guilty of the charge levelled against him under sec. 201 and 302 of IPC and convicted and sentenced the appellant -accused, as stated above.