AMRISH MAHENDRA TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant (original accused), in this appeal, has challenged the Judgment and order dated 6.5.1996 passed by learned Addl. Sessions Judge, Godhra in Sessions Case No. 186 of 1993 convicting him for offence punishable under section 302 of the IPC and sentencing him to suffer R.I. for life and to pay a fine of Rs. 1000A, in default, to undergo further R.I. for one month.

(2.) The appellant was charged with committing offence of murder of his wife Jigisha by throttling her neck and gagging her mouth with pillow in Kamla Guest House, Halol in the morning hours of 17.7.1993. It is the case of the prosecution that on 16.7.1993, the appellant had gone to Kamla Guest House with his wife and daughter aged three years by paying advance charges of Rs. 60/-. Jyotiben, PW 1, the owner of Guest House made entries in the register of the Guest House. She had also informed that she was residing adjacent to the Guest House and in the event of non availability of staff in the office of the Guest House, the key of the room to be handed over to her in case the appellant was leaving the Guest House. According to PW 1, she saw the appellant with his wife and daughter lastly at about 8.30 a.m. when the appellant had come to her house and taken the key from her which was handed over to her in the evening.

(3.) On the next day at about 9.30 a.m., she was informed by the maid servant Baijiben that the water from room No.8, which was occupied by the appellant, was coming out from the tap. PW 1 went to the office of the Guest House and found key of room No. 8 lying below the table. On reaching the room, PW 1 and the maid servant saw that the bathroom was open and the tap was on. The dead body of the wife of the appellant with clothes on was lying there. The blood was oozing out from the mouth as well as nose. The blood stain marks were there on the cheek and the neck and pillow with blood stains was lying on the cot. PW 1 thereafter informed PW 9 Mahmadbhai Ismailbhai about the incident who in turn informed the Halol Police Station. PSI Rajesh Pathak, PW 6 reached the Guest House and recorded the complaint of PW 1 Jyotiben and registered offence at CR No. I 205/93 against the appellant punishable under section 302 of the I PC and started investigation.