MAFATBHAI KHANABHAI VANKAR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is directed against the judgement and order of conviction and sentence dated 23rd February 2005 passed by learned Additional Sessions Judge, 5th Fast Track Court, Panchmahals at Godhra in Sessions Case No.137 of 2003 whereby the appellant was convicted for offence punishable under section 302 of IPC and sentenced to life imprisonment and fine of Rs.200/- in default to undergo rigorous imprisonment for three months and for offence punishable under section 307 of IPC he was sentenced to undergo rigorous imprisonment for five years and fine of Rs.200/-, in default, further to undergo rigorous imprisonment for three months. Both the sentences were ordered to run concurrently. The appellant was also given the benefit of set off.

(2.) The prosecution case, as emerging from the record, is as under:

(3.) The appellant-accused had married to one Jashiben, daughter of Ramabhai Dhulabhai Vanker of village Guneli about 15 years back from the date of incident. Out of the said wedlock, they had three children; the elder son was Bhavesh, aged 14 years, second child was daughter Mittal of 11 years and the youngest child was son Sunil of 9 years. About prior to one year from the date of the incident, the appellant and Jashiben had developed strained relationship and there were quarrels between them frequently. According to the prosecution the appellant was harbouring a suspicion in his mind that his wife had illicit relationship with some one and that he was not the real father of the three children.