MAHENDRABHAI PRABHATBHAI PARMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this case, husband is an accused and deceased is the wife. The complaint is filed by the brother of the husband. Appellant original accused, being aggrieved by the judgment and order of conviction and sentence, dated 9.2.2010, passed by learned 2nd Additional Sessions Judge, Anand in Sessions Case No.108 of 2009, has preferred the present appeal. The trial court was pleased to convict the appellant for offence under Section 302 of IPC.

(2.) Facts are few; the incident has occurred on 26.6.2009. It is the case of the prosecution that on the said day at about 11.00 a.m., appellant had asked for money from his wife for renewal of licence. As the deceased wife had not given the money to the appellant, the appellant had left the home. It is also the case of prosecution that keeping grudge of refusal by his wife, appellant had at about 10.30 p.m. when his wife was asleep, had given two blows of wooden log on her head and then, appellant had left the place throwing the wooden log there. Thereafter, wife was taken to Civil Hospital, Nadiad in 108 ambulance. There, they were advised to take her at Krishna Hospital, Karamsad. On the way to Krishna Hospital, Karamsad, wife succumbed to the injuries. Brother of the appellant had lodged the complaint on the next day i.e. on 27.6.2009. The police, after investigation, had filed the charge-sheet against the present appellant.

(3.) Heard learned advocate, Ms.Rekha Kapadia for the appellant and learned APP, Mr.H.L.Jani for the respondent State.