LAWS(GJH)-2015-7-34

CHANDUBHAI Vs. STATE OF GUJARAT

Decided On July 28, 2015
Chandubhai Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) THE appellant is the sole accused in the present case. The appellant after giving 'dharia' blow to his wife on the neck reported the same to the police at the Police Station. The say of the accused was reduced into writing by the PSO. It is registered as C.R. No. I -31 of 2006 and on the basis of this FIR, police started investigation. The wife has died on the spot. Learned advocate Shri Patel at the time of hearing has vehemently submitted that confessional FIR in the present case is not admissible and has no evidentiary value. The learned advocate has mainly placed reliance on the decision of the Apex Court in the case of Aghnoo Nagesia v. State of Bihar : AIR 1966 SC 119.

(2.) THE facts lay in fairly narrow compass, the same are thus: - -

(3.) COMING to the facts of the present case, we may describe the contents of FIR as under: