LAXMIBEN Vs. THE STATE OF GUJARAT AND ORS.

JUDGEMENT

(1.) Challenge is made to the judgment and order dated 10.12.2004 passed by learned Additional Sessions Judge, 6th Fast Track Court, Veraval in Sessions Case No. 77 of 2003 in this appeal whereby learned Additional Sessions Judge has been pleased to convict the accused and imposed the sentence upon them to undergo life imprisonment and fine of Rs. 1000/- for the offences punishable under section 302 read with section 34 of IPC in default, to undergo further six months rigorous imprisonment and no separate sentence is pronounced for the offences punishable under sections 497, 201 read with section 34 of IPC.

(2.) The broad facts of the case are that accused No. 1 - Laxmiben was having illicit relation with accused No. 2 - Vira Mandan and husband - Valabhai Mayabhai of accused No. 1 was hindrance in illicit relation of accused No. 1 with accused No. 2 when the husband of accused No. 1 was sleeping in the cot before four months from 5.9.2003, by taking the advantage of the same, accused No. 2 caught hold the legs of Vala Maya and accused No. 1 Laxmiben inflicted blows with sickle on the stomach, chest and head and caused serious injuries and, thereby killed Valabhai Mayabhai and so as to see that the offence may not surface, both the accused taken the dead body of the deceased in tractor and disposed of the same near seashore of Dhanser of village Manekpur and thereby destroyed the evidence of offence of murder and accordingly, the complaint was lodged before Una Police Station.

(3.) Therefore, FIR bearing CR No. I - 198 of 2003 came to be registered before the Una Police Station. In pursuance of the complaint, the Investigating Officer carried out the investigation and filed the chargesheet against the accused.