MAHENDRABHAI NAGINBHAI VASAVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present Criminal Appeal is preferred by the appellant- accused under Sec. 374(2) of the Code of Criminal Procedure, 1973, being aggrieved by the judgment of conviction and order of sentence dtd. 1/10/2016 passed by the learned 5th Additional Sessions Judge, Ankleshwar in Sessions Case No. 130/2013, whereby the appellant was convicted for the offences punishable under Ss. 302 and 325 of the Indian Penal Code. The learned Sessions Court sentenced the appellant to undergo imprisonment for life and to pay a fine of Rs.1,000.00, in default to further undergo 30 days simple imprisonment for the offence under Sec. 302 IPC, and to undergo 3 years simple imprisonment and to pay a fine of Rs.500.00, in default to further undergo 15 days simple imprisonment for the offence under Sec. 325 IPC. The appellant was, however, acquitted of the offence punishable under Sec. 135 of the Gujarat Police Act. Both the substantive sentences were ordered to run concurrently with benefit of set-off under Sec. 428 Cr.P.C.

(2.) The case of the prosecution, as presented before the court, is that on the night intervening 27/06/2013 a tragic and violent incident unfolded inside the matrimonial home of the deceased Sumanben and the accused-appellant Mahendrabhai Naginbhai Vasava. It is the prosecution's contention that on the said night, a trivial domestic quarrel erupted between the husband (the accusedappellant) and his wife (the deceased Sumanben) over a minor issue concerning preparation or serving of dinner. The accused, in a fit of sudden and grave provocation fuelled by anger and allegedly harbouring unfounded suspicion regarding his wife's character or fidelity, lost all sense of reason and self-control. In this state of uncontrolled rage, he picked up a wooden stick and assaulted his wife by delivering two forceful blows directly on her head with the blunt side of the weapon. The intensity of the blows was such that they caused severe cranio-cerebral injuries, which subsequently proved fatal. When the couple's minor daughters, namely Hansaben and Shakuntalaben, who were present in the house and witnessed the horrifying assault on their mother, rushed forward in a desperate attempt to intervene, the accused, undeterred and still blinded by fury, turned his aggression towards them as well. He assaulted the elder daughter Hansaben with the same wooden stick, inflicting grievous injuries upon her, and also attacked the younger daughter Shakuntalaben, causing her simple hurt. Having committed these brutal acts, the accused-appellant immediately fled from the scene of crime, leaving his injured wife and daughters behind. The deceased Sumanben was rushed to the hospital in a critical condition but, despite medical efforts, she succumbed to the severe head injuries sustained from the deadly blows inflicted by her husband.

(3.) The complaint was lodged by Lakhiben (sister-in-law of the deceased) leading to registration of FIR at Umalla Police Station. Upon completion of investigation, charge-sheet was filed. The case was committed to Sessions Court, Ankleshwar and registered as Sessions Case No. 130/2013. Charges were framed under Ss. 302, 326, 323 IPC and Sec. 135 Gujarat Police Act.