VIJAYBHAI RAIJIBHAI PATELIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is at the instance of a convict - accused for the offence punishable under Section 302 of the Indian Penal Code and is directed against an order of conviction and sentence dated 30th April 2008 passed by the learned Sessions Judge, Kheda at Nadiad in Sessions Case No. 124 of 2007. By the aforesaid order, the learned 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 and a fine of Rs. 1000=00. In default of payment of fine, the appellant was directed to undergo further simple imprisonment for two months.

(2.) ACCORDING to the case of the prosecution, the accused, harboring doubt on the character of his wife i.e. the deceased, inflicted several injuries on her head with an axe on 5th August 2007 at around 16:30 hours inside their hut.

(3.) ON learning about the incident, the PW 2 Ishwarbhai Patelia, in turn, informed his other brother named Rajesh and asked him to reach at the place of occurrence with a Jeep. The deceased was taken to the KMG General Hospital at Balasinor for treatment by the two brothers of the accused and few others. The Medical Officer on duty at the KMG General Hospital, Balasinor, noted that the injured had sustained incised looking wounds over her head and considering the nature of the injuries sustained, referred her to the Ahmedabad Civil Hospital for further treatment. Before the doctor at the KMG General Hospital, Balasinor, the deceased, while narrating the history of assault, stated that at 4:15 in the evening there was a 'maramari' (fight) and in such a fight she had sustained the injuries. Thereafter, the deceased was admitted at the Civil Hospital, Ahmedabad.