YASMINBEGAM Vs. THE STATE OF GUJARAT

JUDGEMENT

(1.) 0. Feeling aggrieved and dissatisfied with the impugned judgment and order of conviction dated 04.05.2005 passed by the learned Additional Sessions Judge (7th Fast Track Court), Surat (hereinafter referred to as "learned trial Judge") in Sessions Case No. 96/1997 by which the learned trial Judge has convicted the appellant herein - original accused for the offence punishable under section 302 of the Indian Penal Code, 1860 (hereinafter referred to as "IPC") and has sentenced her to undergo life imprisonment and fine of Rs. 250/ - and in default of payment of fine to undergo further 2 days' SI, the appellant herein - original accused has preferred the present Criminal Appeal.

(2.) 0. That an FIR being I -CR No. 44/1997 was lodged by the original complainant - father of the deceased Basit with Rander Police Station, Surat against the appellant herein - original accused for the offence punishable under section 302 of the IPC. It was alleged that the accused and the deceased Basit were husband and wife residing together. It was further alleged that the deceased Basit was in habit of taking liquor and therefore, there were frequent quarrels between them. It was further alleged that the father of the accused was residing in Saudi Arabia and therefore, the accused was insisting her husband to go to Saudi Arabia. To that the deceased refused and therefore, there were quarrels between the husband and wife and the accused was insisting for Talaq and was giving threats that if Talaq is not given, he will be done to death. It was further alleged that on 06.02.1997, the day of incident at about 3.00 a.m., the deceased Basit was in drunken condition and at that time the accused tied the deceased with the cot, beaten him by stone on chest and hand, due to which the deceased died in the night of 06.02.1997/early morning on 07.02.1997. Therefore, it was alleged that the appellant herein - original accused has committed the offence punishable under section 302 of the IPC.

(3.) 0. Present Criminal Appeal is opposed by Shri Himanshu K. Patel, learned APP appearing on behalf of the State. It is vehemently submitted that the impugned judgment and order passed by the learned trial Judge holding the appellant herein - original accused guilty for the offence punishable under section 302 of the IPC is on appreciation of evidence on record both oral as well as documentary. It is submitted that finding recorded by the learned trial Judge cannot be said to be perverse and/or contrary to evidence on record. It is submitted that therefore the impugned judgment and order passed by the learned trial Judge is not required to be interfered with.