DEVENDRASINH LAXMANSINH RAULJI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant has challenged the judgment and order of conviction dated 27.07.2010 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court No.2, Godhra, in Sessions Case No.140 of 2009.

(2.) According to the prosecution case, the complainant Jayaben Devendrasinh lodged complaint on 18.4.2009 at Godhra Police Station being CR No.83 of 2009. It is stated that her marriage was solemnized with the accused Devendrasinh in the year 2002. She had two children out of her wedlock. Her husband was working as truck driver. Before three days of the incident her husband used to taunt her for petty matters and tell her that he did not want to keep her. Her husband used to beat her by saying such words. As the complainant was having two children she was tolerating the harassment. On 18.4.2009 in the morning the complainant had gone in village and returned to home at 3 O'clock in the noon, at that time her husband and son were present and her husband got instigated and started abusing her by telling her that, he did not require her.

(3.) Thereafter, charge Ex.3 came to be framed and explained to the accused person, to which he pleaded not guilty and claimed to be tried.