CHANDUBHAI ABHESINGBHAI CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is filed by the original accused challenging the judgement dated 15.7.2008 rendered by the learned Additional Sessions Judge, Dahod, convicting the accused for offences punishable under sections 302, 201 and 376 of the Indian Penal Code. For offence under section 302 of IPC, he is sentenced to undergo imprisonment for life. For offence under section 376 of IPC, he is sentenced to rigorous imprisonment for 10 years, for offence under section 201 of IPC, he is sentenced to undergo rigorous imprisonment for one year. He is also ordered to pay fine. Substantive sentences are ordered to run concurrently.

(2.) BRIEFLY stated the prosecution version is as follows :

(3.) THE complainant Parsingbhai Savjibhai Chauhan, PW -6 was examined at exh.35. He stated that on 30.3.2007, after he and his wife had taken morning tea, his wife Tinaben had gone to their field situated in the sim of the village to collect Mahuda fruits at about 6:30 in the morning. He had stayed back for grazing the buffaloes. After grazing the buffaloes when he returned home at 12 O' clock in the afternoon, he found that his wife had not returned back. He therefore, went to the place where the Mahuda tree was situated. He found the basket lying there but did not find his wife. It was 1:30 in the afternoon by that time. He looked around for his wife but when he did not find her, he came back home and informed his brother Narvatsinh and other people residing in the locality. They thereafter, went back to the field to look for the lady in the hilly region. During their search at about 7 O' clock in the evening, they found the body of the lady in a ditch in the ravines. They had first seen a part of the leg. The body was otherwise covered with dry leaves and stones. Under the right eye, there was a wound from which the blood had oozed which had dried. He along with other members of the search party stayed back. His brother Narvatsinh came back to the village to inform other people who also came to the spot. The husband of the Sarpanch of the village was also informed who had also come to the site. Complainant stayed back where the dead body was found. He and some other persons of the village including the husband of Sarpanch had gone to the police station to lodge the complaint.