MADHUBEN NAGJIBHAI MAKVANA 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 26.2.2010 passed by the learned Second Additional Sessions Judge, Bhavnagar, in Sessions Case No.188 of 2009. The said case was registered against the appellant original accused for the offences punishable under Sections 304 PartII, 504 and 302 of the Indian Penal Code. The appellant is sentenced to undergo R.I. for seven years and fine of Rs.300/, in default, R.I. for one year for the offence punishable under Section 304 PartII of the Indian Penal Code. He is further sentenced to undergo R.I. for six months and fine of Rs.100/, in default, R.I. for one month for the offence punishable under Sections 504 of the Indian Penal Code and acquitted for the offence punishable under Section 302 of the Indian Penal Code.

(2.) ACCORDING to the prosecution case, on 7.8.2009 in the morning at 9 O'clock the accused came to her plot at village Thalsar. The complaintMunnabhai Jerambhai Makvana was preparing tea. The accused who is aunt of complainant asked Munnabhai that she wanted to drink tea. At that time, the accused was picking up guava from guava tree, situated near her plot. The witness Merubhai told her not to pick kuchcha (raw) guava from the tree. Hence the accused abused witness Merubhai Mohanbhai. The deceased Jinabhai Mohanbhai told not to use filthy language, but the accused abused Jinabhai and caught his penis and twisted it felled deceased Jinabhai and seated on deceased Jinabhai and caused injuries on deceased and committed murder of deceased. Hence complaint was lodged.

(3.) ON the basis of above allegations, investigation was carried out and statements of several witnesses were recorded. During the course of investigation, accused person was arrested and, ultimately, chargesheet came to be filed against her. As the case was sessions triable the same was committed to the Court of Sessions.