RANJITBHAI DAHYABHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order of conviction dated 12.05.2006 passed by the Additional Sessions Judge, Fast Track Court No. 3, Bharuch Camp at Ankleshwar in Sessions Case No. 87 of 2005, whereby the accused has been convicted of the charges leveled against him under section 302 of Indian Penal Code. The accused is ordered to undergo life imprisonment and fine of Rs. 2,000/- in default simple imprisonment for two months for offence under section 302 of Indian Penal Code.

(2.) IT is the case of the prosecution that the victim Heera- wife of apellant was found dead by her husband in the early hours of morning who thereafter went to call her parents and brother. It is the case of the prosecution and the complainant that the appellant had assaulted the deceased with a bat so brutally that the assault led to her death. A complaint in this regard was registered by the complainant-father of the deceased.

(3.) MR . Neeraj Soni, learned APP has supported the judgement of the court below and submitted that the trial court is fully justified in basing the conviction on the three main witnesses including the child witness. He submitted that considering the post mortem report at Ex. 17, it is clear that the cause of death was severe internal and brain haemorrhage which was due to severe injury to the vital organs of abdomen and the skull and the same corroborates the version of the child witness ­ P.W. 11, original complaint and P.W. 9 & 10. He submitted that the contention that evidence of child witness cannot be relied upon does not hold water as the witness in the present case, though minor, had intellectual capacity to understand questions and give rational answers thereto.