LALJIBHAI MAGANBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is at the instance of a convict accused of the offence of murder punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 5th April 2008 passed by the learned Additional Sessions Judge, 3rd Fast Track Court, Surat, in Sessions Case No.159 of 2007.

(2.) By the aforesaid order, the learned Additional Sessions Judge found the appellant guilty of the offence punishable under Section 302 of the Indian Penal Code and consequently sentenced him to suffer life imprisonment.

(3.) The deceased viz. Laxmiben and the accused had live-in relationship. The accused was not doing any work, whereas the deceased was working with a Corporation at Surat. She was doing domestic work like cleaning, sweeping etc. The deceased used to visit the accused at village Bodhan time to time. On 26th March 2007, the deceased had come to village Bodhan and stayed for a night at the house of the accused. At around 10 O'clock in the night, the deceased advised the accused to do some work, as a result the accused got furious and hit blows on the body of the deceased indiscriminately with a stick resulting in the fracture of the left hand. It is also the case of the prosecution that on the next day i.e. on 27th March 2007, the accused once again assaulted the deceased with a stick. On the next day i.e. on 28th March 2007, the deceased succumbed to the injuries.