GOVINDBHAI ADHERABHAI KATARA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) 0. Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction and sentence passed by the learned Additional Sessions Judge and 2nd Fast Track Court, Sabarkantha at Himatnagar camp Idar passed in Sessions Case No. 81 of 2009, by which, the learned Sessions Court has convicted the appellant herein - original accused for the offence punishable under Section 302 of the Indian Penal Code and has sentenced to undergo life imprisonment with fine of Rs. 5000/ - and in default to undergo further six months RI, the original accused has preferred present Criminal Appeal.

(2.) 0. The case of the prosecution in nutshell was that one Ishwarbhai Jeevabhai Dodiya lodged an FIR with the Idar Police Station, which was registered as CR -I - No. 70 of 2009 against the original accused for the offence punishable under Section 302 of the Indian Penal Code alleging inter alia that the appellant herein - original accused killed his wife i.e. deceased Hiraben by strangulating. It was alleged that the incident took place on 27.6.2009 at about 8.30 p.m.. There was quarrel with respect to late cooking Rotla and thereby accused became angry upon the deceased and thereafter strangulated her. It was further alleged that as the accused wanted to bring his first wife back because of the maintenance dispute, he killed his second wife - deceased Hiraben. It was further alleged in the FIR by the original complainant Shri Ishwarbhai Dodiya that one Babubhai Rameshbai Katara told him that on the next day of alleged incident accused went to his shop to buy household things and when he asked the accused what had happened in the last night, the accused informed him that there was quarrel on the last night and his wife has passed away. As per the case of the prosecution and as per the case of Shri Ishwarbhai Dodiya so stated in the FIR, said Babubhai informed him about the death of deceased Hiraben and also told him that the accused - Govindbhai Katara has killed his wife. According to the case of the prosecution, thereafter Shri Ishawarbhai went to the house of the accused thereby he show body of the deceased lying. That thereafter, he went to his house and thereafter when police came, he gave FIR about the death of deceased Hiraben. According to the case of the prosecution, at the time when the FIR was lodged the brother of the deceased - Becharbhai Dodiay who according to the prosecution was eyewitness to the incident at about 8.30 p.m. on 27.6.2009 was also present.

(3.) 0. Present appeal is opposed by Shri H.K. Patel, learned Additional Public Prosecution for the State.