LAWS(GJH)-2013-9-130

VINUBHAI RUPSINGHBHAI SANGADA Vs. STATE OF GUJARAT

Decided On September 18, 2013
Vinubhai Rupsinghbhai Sangada Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE appellant, who was original accused in Sessions Case No. 83 of 2007, is before us by way of this appeal, whereby, he has challenged the judgment and order of the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Dahod, Dated : 11.06.2008, whereby, he was convicted for the offence punishable under Section 302 of the IPC and was sentenced to undergo imprisonment for life and to pay fine of Rs.1000/ - and in default to undergo further rigorous imprisonment for three months.

(2.) THE brief facts of the case of the prosecution reads as under;

(3.) A declaration was made by the appellant, herein, before Jhalod Police Station on 31.05.2007, wherein, he stated that, on 30.12.2007, after taking supper he along with his elder son and his mother went to sleep outside the house, whereas, his wife, namely Sharda - the deceased, was sleeping inside the house along with their minor son and the door was locked from inside. It is, further, stated by the appellant, therein, that at about 03:00 a.m. his son started crying, and therefore, he knocked the door of his house, but, the deceased did not respond. The appellant, therefore, entered into his house through roof and in the light of fire, he found that the deceased had committed suicide by hanging herself. The appellant, then, informed his relatives and on their arrival, police was came to be intimated and the same was registered vide Accidental Death Entry No. 7 of 2007 and the investigation was commenced. After the recording of Inquest Panchnama and other procedure, a complaint was given by the father of the deceased, wherein, it was alleged that the appellant used to consume liquor and keep doubt about the character of the deceased and he also used to beat and harass her, on account of which the deceased frequently used to come to her parental home. It was, further, stated in the complaint given by the father of the deceased that just a few months before the alleged offence, a writing was given by the appellant in the presence of panchas that he would not keep doubt about the character of the deceased and would not maltreat her. Moreover, before about 15 days prior to the alleged incident, the deceased had come to her parental house and had informed them that the appellant was threatening her of dire consequences. The father of the deceased, then, stated that on 31.05.2007, he was informed that the deceased had committed suicide by hanging herself. The father of the deceased further stated that, since, the deceased was complaining of threats issued by the appellant of dire consequences, he was filing the complaint against the appellant for necessary legal actions. The complaint given by the father of the deceased came to be registered vide I - C. R. No. 76 of 2007. On registration of the offence, police carried out the investigation and since, prima facie, case was made out against the appellant, charge -sheet was filed against him.