TEJIBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 12.7.2006 passed by learned Additional Sessions Judge, 4th Fast Track Court, Deesa camp at Deodar in Sessions Case No.110 of 2004 in this appeal whereby learned Additional Sessions Judge has been pleased to convict the accused and imposed the sentence upon her to undergo life imprisonment and fine of Rs.10,000/- for the offences punishable under section 302 of IPC, in default, to undergo further two years rigorous imprisonment, also to undergo three years rigorous imprisonment and fine of Rs.2000/-, in default, further six months rigorous imprisonment for offence punishable under section 201 of IPC and ordered to run all the sentences concurrently.

(2.) The broad facts of the case are that the accused is the second wife of deceased Bhagwanbhai Khetabhai and his wife is having the same name and since the deceased was keeping relation with the first wife and, therefore, the accused was jealous and on 24.5.2004 at abour 21.30 hours at village Mandla, the accused has mixed poisonous substance i.e. insecticide medicine, which is to be used in the cotton seeds, in the vegetable with an intention to kill him and with the knowledge, she had given poison and, thereby caused the death of the deceased and tried to destroy the evidence by dropping the medicine bottle in the well of toilet and, therefore, she was charged for the offences punishable under sections 302, 309 and 201 of IPC.

(3.) Therefore, FIR being CR No.I 40 of 2004 came to be registered before the Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.