SHARIFKHAN HAMIRKHAN MAKRANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS is an appeal by the original accused -appellant, herein, challenging the judgment and order of the learned Additional Sessions Judge, Sabarkantha at Himmatnagar (for short, 'the Trial Court'), Dated : 10.12.1996, whereby, the trial Court convicted and sentenced the accused as under;

(2.) THE brief facts of the case of the prosecution, as set out before the trial Court, are that the deceased was married to the accused before about three years of the alleged incident and that out of the said wedlock, the deceased had given birth to two boys. It is stated in the complaint that the accused used to demand money frequently and also used to beat the deceased. It is stated in the complaint that on the date of the alleged incident, i.e. on 10.05.1994, the deceased had prepared food and kept aside for the accused, since, he was not at home. But, one dog entered into the house and eat the food kept for accused, and hence, when the accused came home he got enraged and beat -up the deceased and went out of the house, and thereafter, the alleged incident took place. On registration of the complaint, police carried out investigation into the alleged offence and on finding sufficient evidence lodged a charge -sheet against him. At the time of trial, the accused did not plead guilty, and hence, the trial was conducted.

(3.) THE prosecution, in order to prove its case, examined the following witnesses; <FRM>JUDGEMENT_275_LAWS(GJH)3_2015.htm</FRM>