MOHANBHAI MANDUBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Instant appeal filed under section 374(2) of the Code of Criminal Procedure, 1973 ["Code for short"] questions legality of judgment dated April 7, 1997 rendered by the learned Additional Sessions Judge, Morbi, District : Rajkot, in Sessions Case No.51 of 1994, by which the appellant is convicted under Section 302 of the Indian Penal Code [ "I.P.C." for short] for causing murder of his wife Shila and sentenced to R.I. for life.

(2.) The facts emerging from the record of the case are as under :

(3.) As offence punishable under Section 302 I.P.C. is exclusively triable by a Court of Sessions, the case was committed for trial to the Sessions Court, District Rajkot, where it was numbered as Sessions Case No.51 of 1994. The learned Additional Sessions Judge, Morbi, to whom the case was made over for trial, framed necessary charge against the appellant at Exh.1. It was read over and explained to him. He pleaded guilty to the same and claimed to be tried. The prosecution, therefore, examined (1) Dharmisthaben Ashwinbhai as PW.1 at Exh.4, (2) Tajdinbhai Sunderjibhai Khoja as PW.2 at Exh.6, (3) Manubhai Becharbhai Uzaria as PW.3 at Exh.7, (4) Panch Anilkumar Jethalal as PW.4 at Exh.9, (5) Panch Sureshbhai Nanjibhai as PW.5 at Exh.11, (6) Alarakha Bapusha as PW.6 at Exh.13, (7) Babubhai Dhulabhai Solanki as PW.7 at Exh.14, (8) Mukesh Motilal as Pw.8 at Exh.15, (9) Pravinbhai Babulal as PW.9 at Exh.18, (10) Rahim Mohmed as PW.10 at Exh.19, (11) Dharmendrasinh Surubha Jadeja as PW.11 at Exh.20, (12) father of the deceased i.e. Mohanbhai Chhotubhai as PW.12 at Exh.25, (13) Dr.Shobhaben Thirufoga as PW.13 at Exh.30, (14) Dy.S.P. Mr. Pravinchandra Harjivandas Ganatra as PW.14 at Exh.35, and (15) Investigating Officer Mr. Balubhai Zinabhai Vasava as PW.15 at Exh.40, to prove its case against the appellant. The prosecution also produced documentary evidence, such as, inquest report prepared by Executive Magistrate Mr. Uzaria at Exh.5, intimation by P.I. Morbi Police Station to the Executive Magistrate to go to the spot to hold inquest on the dead body of the deceased at Exh.8, panchnama of person of the appellant and collection of hair of the appellant at Exh.10, panchnama of place of incident after registration of accidental death of the deceased at Exh.12, panchnama of place of incident at Exh.16, panchnama indicating seizure of letters produced by the appellant before Dy.S.P. Mr.Ganatra at Exh.17, four letters by the deceased to her father Mohanbhai at Exhs.26 to 29, postmortem notes of the deceased prepared by Medical Officer Ms. Shobhaben Thirufoga at Exh.31, complaint lodged by Dy.S.P. Mr. Ganatra at Exh.36, intimation by Dy.S.P. Mr. Ganatra to competent authority to inform relatives of the deceased about her death at Exh.49 etc. in support of its case against the appellant.