DIPESHBHAI BABUBHAI BHADANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Ms. Maithili Mehta, learned Additional Public Prosecutor, waives service of notice of rule on behalf of the respondent.

(2.) By this application under section 389 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr. P.C." for short), the bail is sought with a prayer to suspend the sentence dated 30.6.2015 passed by the learned 2nd Additional Sessions Judge, Navsari at Ahwa-Dang, in Sessions Case No. 2 of 2015 whereby after having found the applicant guilty for the offence punishable under section 302 of the Indian Penal Code, he has been sentenced to life imprisonment.

(3.) The applicant filed a first information report with Saputara Police Station on 19.10.2014, inter alia, stating therein that he had been to Saputara with his wife, the deceased. That he left for Saputara on 19.10.2014 in the early morning at about 3.30 in Micra Car bearing registration No. GJ - 5 JD-3424 and reached Saputara at 6.45 a.m. and straightaway proceeded to table point; however since the climate was not good, they were returning and at that point of time his wife told him to stop the vehicle as she wanted to have a dialogue with him. The applicant obliged and went to the rear seat and during the dialogue his wife demanded liberty from him and threatened to kill him and the children and cause harassment to his family members in absence of grant of such liberty to her. Thereafter, there was a quarrel between the two. The applicant confessed having killed his wife after the scuffle in the said first information report.