DHAKALBHAI JIVABHAI SATPUTA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is directed against the judgement and order of conviction dated 29.08.2008 passed by the Sessions Judge, Valsad in Sessions Case No. 40 of 2008 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 pay fine of Rs. 1,500/ - in default simple imprisonment for six months for offence under section 302 of Indian Penal Code.

(2.) IT is the case of the prosecution that the victim Kamuben -wife of apellant was found dead by the complainant brother of deceased after a fight had ensued between the deceased and the appellant accused. It is the case of the prosecution and the complainant that the appellant had assaulted the deceased giving her fist blows and kick blows so brutally that the assault led to her death. The complainant was working in his field when the daughter of the deceased came to inform him that her father is assaulting her mother. When the complainant reached the house of deceased, he saw her lying on the floor and blood was coming out from her mouth. However, as the assault on the deceased by the appellant had become a routine affair, the complainant reprimanded the appellant and proceeded to the field for work. However, after some time the daughter of deceased again came to him and informed the complainant that her mother was not waking up and that there was no motion. The complainant therefore rushed to the house of the deceased once again and took the deceased to hospital where she was declared brought dead. A complaint in this regard was registered by the complainant brother of the deceased.

(3.) MR . Mrudul Barot, learned advocate appearing for the appellant submitted that the trial court has committed an error in convicting the appellant - accused under section 302 of the IPC in view of the fact that the prosecution has failed to prove the ingredients of section 302. He submitted that the prosecution having failed to prove that the injuries inflicted by the appellant - accused were caused with the intention of causing death, the trial court has committed an error in convicting the appellant - accused under section 302 of IPC.