STATE OF GUJARAT Vs. BHIKHABHAI DHULABHAI PARMAR

JUDGEMENT

(1.) Appellant, the State of Gujarat, has preferred this appeal under Section 378 of the Code of Criminal Procedure against the order of acquittal dated 30th June 1986 passed by the learned Additional Sessions Judge, Vadodara, in Sessions Case No.72 of 1986, acquitting the respondent [original accused] of the offence punishable under Section 302 of the Indian Penal Code.

(2.) It is the case of the prosecution that on 12th January 1986, in the late night, at around 2.30 a.m., the respondent-accused had strangulated his wife, Manjulaben, and committed offence punishable under Section 302 of the Indian Penal Code. The wife of the accused was done to death by strangulating her throat. Initially, a complaint Exh.14 was given by P.W.1, Dhulabhai Chaturbhai, the father of the accused, at Pandu Police Station, which was registered as an accidental death being Entry No.1 of 1986. Thereafter, PSI, Panchani, of Pandu Pooice Station had visited the place of incident at Dhantej village. After the inquest panchanama was drawn, the dead body of Manjulaben was sent to the hospital at Pandu, and, thereafter, according to the certificate (Exh.20) issued by the Medical Officer of Pandu Health Center, the cause of death of deceased, Manjulaben, was due to strangulation, which led to asphexia and death. The cause of death per the post-mortem (Exh.19) was also strangulation leading to asphexia and death. P.W.9, PSI, Panchani, of Pandu Police Station, filed a complaint Exh.29 on the basis of the post-mortem report and the certificate of the Medical Officer and, therefore, an offence was registered under Section 302 of the Indian Penal Code against the respondent-accused. PSI Panchani had taken statements of the relatives of the accused as well as deceased, Manjulaben. The statements of the father, the mother, the brother and the sister-in-law of the accused were taken along with the statements of the father and the brother of deceased, Manjulaben. According to the statements recorded by PSI Panchani, it was disclosed that the deceased Manjulaben had gone to the field and, when the accused followed her, she suddenly got up and the accused saw one persons running from the field and the accused doubted that his wife had an illicit relation with some other person. Therefore, when the accused was sleeping with his wife in the kitchen on the day of incident, the accused had asked about the person who had run away from the field on seeing him, and was found with his wife and, continuously questioned about the said person, but, the name of the said person was not disclosed by deceased, Manjulaben, and, therefore, the accused got angry and, therefore, pressed his one hand on her mouth so that she cannot shout and the other hand was pressed on her throat to strangulate and, after some time, deceased, Manjulaben, had died. Thereafter, the accused had brought pesticides which was used for cotton crop, and poured said pesticides in the mouth of his wife and the empty bottle of pesticides and glass were put near the cot. According to the PSI, Panchani, the accused was arrested on 16th January 1986 and was remanded to the judicial custody. After the post-mortem report was received, and the panchanama of scene of offence was drawn and, on conclusion of investigation, the respondent was chargesheeted in the Court of the learned Chief Judicial Magistrate, Vadodara, for commission of offence punishable under Section 302 of the Indian Penal code. As the offence punishable under Section 302 of the Indian Penal Code was triable by the Sessions Court, the learned Magistrate, by order dated 16th April 1986, committed to the Sessions Court, Vadodara, for trial, where it was numbered as Sessions Case No.72 of 1986.

(3.) The learned Judge had framed charge against the respondent at Exh.1 of the offences punishable under Section 302 of the Indian Penal Code. The charge was read over and explained to the respondent, who had pleaded not guilty to the same and claimed to be tried.