RAMESHBHAI DAHYABHAI RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the appellant, who was original accused in Sessions Case No. 45 of 2010, whereby, he has challenged the judgment and order of the learned Sessions Judge, Navsari, Dated : 06.06.2011, rendered in the aforesaid sessions case, convicting him under Section 302 of the IPC and sentencing to undergo imprisonment for life and to pay fine of Rs.5,000/ - and in default to undergo further simple imprisonment for two years.

(2.) THE brief facts of the case, leading to filing of the present appeal reads as under;

(3.) A complaint came to be lodged by one Rameshbhai Bhanabhai Rathod, who happened to be the cousin of the deceased Rekhaben, before PI, Jalalpore Police Station on 03.07.2010, wherein, he stated that the deceased was married to the appellant before about fifteen years and that they were residing in the same vicinity. The complainant, then, went on to narrate the alleged offence stating that on the date of the alleged offence, the appellant came to his house and asked him, whether, any work would be available for him, since, it was his day off. Then, the complainant took the appellant appellant with him on labour work and they came back home from work at about 12:30 p.m. and went to their respective homes and sometimes thereafter, the complainant heard the voices of the appellant and the deceased and it appeared to him, as if they were quarreling. The complainant, hence, went to the house of the appellant and on reaching there he found that the appellant was beating the deceased with a stick and she had fallen down and was bleeding from her mouth and the head and the appellant was shouting that why do you call Suresh Chhanabhai Rathod at home in my absence and that you have illicit relations with him. The complainant, then, intervened and parted them. Later on, the deceased succumbed to her injuries. On registration of the complaint, police carried out investigation into the alleged offence and on finding prima facie evidence, laid charge -sheet against the appellant before the Court of the Ld. CJM, Navsari.