RAJUBHAI MAFAJI GOMAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgment and order dated 30.06.2004 passed by the learned Addl. Sessions Judge, Court No.16, Ahmedabad in Sessions Case No.14 of 2004, whereby, the original accused, appellant herein, has been convicted for the offence punishable u/s.302 IPC and has been sentenced to undergo RI for life and fine of Rs.5000/ and in default, RI for a further period of six months. The sentence already undergone by the accused was given setoff.

(2.) The facts in brief are that the appellant herein and his wife, Niruben, were working in the canteen of U.C.O. Bank. On 05.07.2003, during night hours, a quarrel took place between the appellant and his wife in the Canteen of the Bank. Being agitated by the quarrel, the Contractor of the canteen drove them out of the Bank. On 06.07.2003, in the early morning hours, the appellant took his wife to Girdharnagar Bridge located in Ahmedabad City and thereafter, pushed her down from the Bridge, which, ultimately, resulted into her death.

(3.) A complaint in connection with the aforesaid incident was lodged with Madhupura Police Station vide IC.R. No.205/2003. Necessary investigation was done and statements of witnesses were recorded. At the end of investigation, chargesheet was filed against the accused before the trial Court. However, being a sessions triable offence, the case was committed to Sessions Court and trial was initiated.