RAMANBHAI DAVID @ DEVSUBHAI PAWAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal is at the instance of a convict under section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 15th January 2008 passed by the learned Additional Sessions Judge, 2nd Fast Track Court, Navsari, Camp: Ahava in Sessions Case No. 82 of 2007 thereby holding the appellant guilty for the offence punishable under section 302 of the Indian Penal Code and imposing the sentence of imprisonment for life and a fine of Rs.2000/ -, with a stipulation that in default of payment of fine, the accused would undergo further simple imprisonment for 6 months. The appellant was, however, acquitted of the charge under section 498A of the Indian Penal Code.

(2.) BEING dissatisfied, the convict has come up with the present appeal.

(3.) ACCORDING to the complaint lodged by the deceased on 28th August 2007 at 14.30 hour's in Civil Hospital, she was living with her husband and children at village Gondalvihir, Taluka Ahwa, District Dang, North to the Police Station, 7 kms. away in the limit of Ahwa Police Station and earning her livelihood by doing household work and cultivation. The complainant had three sons and one daughter, aged 7 years, 5 years, 3 years and 1.1/2 years respectively. According to the complainant, she was married to the accused, one Ramanbhai Davidbhai, before nine years and was living with him. Her mother -inlaw died earlier, and as the accused, after consuming liquor used to beat her father -in -law, he had been living with his daughter at village Itgandi for the last 7 years and if he came back sometimes, the accused used to beat him and drive him away. After her marriage, the relationship between her and her husband was quite good for two years. Thereafter, the accused started keeping suspicion on her by alleging that she had illicit relationship with others and used to beat her and give her physical and mental harassment. She, therefore, used to come to her brothers and mother at village Nilsakiya and tell them about the baseless suspicion of her husband about her character and, therefore, her mother, brothers and cousin Bharatbhai used to persuade the accused but he did not change. Her cousin, Bharatbhai, persuaded the accused about 1.1/2 years from the date of incident but no change was found in the accused and he used to frequently beat her. However, as the complainant had four children, she used to tolerate the harassment caused to her.