ROHINIBEN @ MUNNI MUKESHBHAI MACHHI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code" for short) has been filed being aggrieved and dissatisfied by the judgment and order dated 31st March, 2011 passed by the learned Additional Sessions Judge and Presiding Officer, Fast Track Court, Valsad, in Sessions Case No.60 of 2009 whereby, the present appellant - original accused No.2 along with the original accused No.1 was convicted and sentenced to undergo imprisonment for life and fine of Rs.3,000/ -, in default of payment of fine, to undergo further rigorous imprisonment for one year for the offence punishable under sections 302 and 114 of Indian Penal Code (hereinafter referred to as "the IPC" for short). The accused were given set off for the period undergone in jail.

(2.) Short facts of the prosecution case are that a complaint was filed by complainant - Dineshbhai Keshavbhai inter alia stating that deceased - Mukeshbhai Keshavbhai is his brother, original accused No.2 -Rohiniben (the appellant herein) is wife of deceased -Mukeshbhai and accused No.1 -Jagdish Bababhai was residing with the deceased. It was further stated that the deceased and the appellant have a daughter aged 9 years and a son aged 7 years. It was inter alia alleged in the complaint that the appellant had illicit relation with the accused no.1. On the date of incident, the appellant called the complainant in the early morning as the deceased was not getting up and hence, the complainant and one Hemantbhai came at the house of the appellant and found that the deceased was not getting up and had already died. Upon inquiry about accused No.1 as he was not found at home, the complainant and others went for searching him and found him sleeping at the seashore. When enquired him about the incident, he had made an extra -judicial confession that he had killed the deceased with the help of the appellant. In pursuance of aforesaid complaint, the police started investigation and at the end of investigation, filed charge sheet against the accused in the Court of learned Judicial Magistrate First Class, Umargam.

(3.) Heard Mr. Mrudul Barot, learned advocate for the appellant -original accused No.2 and Mr. N. J. Shah, learned Additional Public Prosecutor for the respondent -State.