SHANTIJI @ NENAJI MAFAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This is an appeal at the instance of the appellant- the original accused in Sessions Case No. 10 of 2010, who is convicted and sentenced by the learned Addl. Sessions Judge, Fast Track Court No.2, Gandhinagar, Camp at : Kalol, as stated under vide order dated 27.08.2010; (1) For the offence punishable under Section 302 of the Indian Penal Code to under go rigorous imprisonment for life and to pay fine of Rs.20,000/- and in default to undergo further rigorous imprisonment for two years; (2) For the offence punishable under Section 498(A) of the Indian Penal Code to under go rigorous imprisonment for three years and to pay fine of Rs.5,000/- and in default to undergo rigorous imprisonment for three months;

(2.) The brief facts of the case of the prosecution, as set out before the trial Court, are that one Shakraji Bavaji Thakor, who happened to be the brother of the deceased Sharbaben, lodged a complaint before the Kalol Taluka Police Station, which came to be registered as I-C.R. No.105 of 2009. In the said complaint, it is alleged by the complainant that his late sister was married to the accused-the appellant, herein, before about 20 years of the alleged incident. However, out of the said wedlock, the accused and the deceased had no issue. Hence, it is alleged in the complaint that the accused used to harass the deceased physically and mentally, by saying that he wants to remarry. It is, further, stated in the complaint that on 30.04.2009, the complainant met the deceased on the occasion of a marriage in the family and at that time, she had informed him that the appellant causes harassment to her and also beats her. Then, on 11.05.2009, while the complainant was at his house, a phone came on the mobile phone of the son, namely Ashok, of his brother-in-law- Pratapji Aatmaram and during the said talk over mobile phone with one Govindji Melaji Thakor, on asking about the deceased and the accused, Ashok was informed that the deceased had expired, yesterday night. Therefore, the complainant along with his brother-in-law went to the house of the accused. On reaching there, the complainant found that the dead body of the deceased was lying and there was injury mark on her neck. On asking the mother of the accused about the same, she informed the complainant that yesterday night at about 01:00 a.m., the accused inflicted 'danti' blow and killed the deceased.

(3.) In order to prove its case beyound reasonable doubt, the prosecution examined the following witnesses; <FRM>JUDGEMENT_140_LAWS(GJH)8_2015.html</FRM>