SHIVAJI UTTAM SONONI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is filed by the appellant - original accused under Sec. 374 of the Code of Criminal Procedure, 1973, (for short, "the Cr.P.C.") assailing the judgment of conviction and order of sentence dtd. 31/8/2010 passed by the Sessions Judge, Bharuch in Sessions Case No.80 of 2009. The appellant was arrested in respect of FIR being CR-I No.48 of 2009 registered at Hansot Police Station, Bharuch for the offence punishable under Sec. 302 of the Indian Penal Code, 1860 (for short, "the IPC").

(2.) After considering the documentary as well as oral evidence, the Sessions Judge, Bharuch has convicted the appellant for the offence punishable under Sec. 302 of the IPC and also ordered to suffer rigorous imprisonment for life and imposed a fine of Rs.5,000.00 and in default of payment of fine, the appellant-accused to undergo further simple imprisonment of three months.

(3.) The case of the prosecution as per the charge (Exh.4) is that on 20/10/2009 at around 9:30 hrs. in the morning, the appellant had murdered his wife in view of some quarrel relating to the preparation of vegetable. As per the charge (Exh.4), the appellant inflicted various blows of koyta (scythe) on the neck as well as hands of the deceased wife - Neelaben. The case of the prosecution is premised on the star-eye- witnesses i.e. the PW-3, PW-4 and PW-5, who were present on the fateful day of the incident and have witnessed murder of the deceased. The prosecution has also placed reliance on the FSL report (Exh.41) as well as the deposition of the PW-1, the doctor, who has undertaken the postmortem of the deceased as well as the postmortem report at Exh.8.