KRUSHNASINH JAYDEVSINH CHUDASMAA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code") is directed against the judgment and order of conviction and sentence dated 11th January, 2012 passed by the learned Second Sessions Judge, Jamnagar in Sessions Case No. 6 of 2009, whereby the appellant-convict has been convicted of the offence under section 302 of the Indian Penal Code and sentenced to undergo rigorous life imprisonment as well as fine of Rs. 1,000/- and in default of payment of fine, to undergo further simple imprisonment for a period of one year.

(2.) The charge against the accused was that the accused was unmarried and had illicit relations with deceased Roshanben, wife of Mehboob Kasam Darjada, due to which, when for the first time the accused had got engaged to a girl from Memana, deceased Roshanben, under a false name, had made a telephone call to the father of the girl and had got his engagement broken and the deceased used to tell the accused that she will not allow his engagement take place, on account of which the accused bore a grudge against the deceased. On 05.10.2008, guests had come to the house of the accused for the purpose of his betrothal and deceased Roshanben came to know about it. Hence, she made a phone call to Rajendrasinh, the brother of the accused, on his mobile and told him not to get the accused betrothed. Upon the accused coming to know about the same, he, with the intention of causing the death of the deceased, took an axe and went in a rickshaw and made a phone call to the deceased and after the deceased sat in the rickshaw, went to the area of Mangaldham Society, near Maru Kanyara Foundation at Ranjitsagar Road and with the aid of an axe kept in the rickshaw, knowing well that such injuries would cause the death of the deceased and with the intention of causing the death of the deceased, inflicted fatal injuries on the deceased, on account of which, deceased Roshanben died on the spot. Thereafter, the accused had fled from the spot and washed the bloodstained clothes which he had worn at the time of the incident and had separated the handle from the axe and had thrown the axe and destroyed the evidence and thereby, committed the offence under sections 302 and 201 of the Indian Penal Code as well as the offence under section 135(1) of the Bombay Police Act.

(3.) In connection with the above offence, a first information report came to be registered with the Jamnagar City "A" Division Police Station, pursuant to which, a charge-sheet came to be submitted in the court of the learned Judicial Magistrate First Class, Jamnagar and came to be registered as Criminal Case No. 9585 of 2008. Since the learned Judicial Magistrate did not have the jurisdiction to conduct the trial, the case came to be committed to the Sessions Court, Jamnagar where, it came to be registered as Sessions Case No. 6 of 2009.