KISHORSINH MOTILAL RATHOD 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 22.09.2010 passed by the learned Additional Sessions Judge & Fast Track Court No. 2, Camp at Kalol, Distt. Gandhinagar, in Sessions Case No. 57 of 2009. The said case was registered against the appellant-original accused for the offences punishable under Sections 302 of the Indian Penal Code and 135 of the Bombay Police Act. By the impugned judgment and order the appellant is convicted under Section 302 of the Indian Penal Code and sentenced to undergo life imprisonment and a fine of Rs.1000/-, in default, R.I. for two years for the offence punishable under Section 302 of the Indian Penal Code. The appellant is acquitted for the offence under Section 135 of the Bombay Police Act.

(2.) According to the prosecution case, Geetaben Bipinchandra Anantray Jani resides in the row house No. 21 in Kalol, and row house No. 20 belongs to the deceased of this case Alkaben. The deceased Alkaben had been residing alone in the said house for the last three months on rent, and she has taken divorce from her husband, and children are residing at the native place. When she came out to purchase vegetable at about nine o'clock in the morning on 03.03.2009, a male person aged between 30 to 35 years came to Alkaben's house. He made altercation with Alkaben and started beating her with fists and kicks, and at that time, as Pushpaben Dhirajbhai and Manjulaben Sureshbhai, etc. asked as to why you are beating Alkaben, unknown person stated that, "Alka is my wife, what is your objection?" After demanding money, he started beating Alkaben with bat. After fifteen minutes, the said person went away, and door was open in Alkaben's house and she was struggling for life at about one o'clock in the afternoon. She sustained injuries on head and face, hence, 108 (emergency service) was called from Bhavnaben's mobile, and she was brought to Government hospital for treatment where she succumbed to injuries during treatment on 10.03.2009. Kalol City Police registered the complaint in this regard vide C.R.No. 135/09.

(3.) Thereafter, charge Ex.4 came to be framed and explained to the accused person, to which he pleaded not guilty and claimed to be tried.