BHIKHUBHAI CHHANABHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374(2) of Criminal Procedure Code, 1973 and challenged the judgment and order of conviction dated 18th March, 1998 rendered by Learned Additional Sessions Judge, Valsad at Navsari in Sessions Case No.125/96 convicting the appellant for the offence punishable under Section 302 of I.P.Code and sentencing him to undergo life imprisonment and to pay fine of Rs.500/ - and in default thereof to undergo imprisonment of six months. The appellant has been acquitted for the offence punishable under section 201 of I.P.Code.

(2.) IT is the case of the prosecution that the appellant was the husband of deceased Miraben and were residing at new G.I.D.C. Complex at village Gundlav, Taluka/District Valsad. On intervening night of 26th September, 1995 and 27th September, 1995 between 21 hours and 10 a.m. the appellant picked up quarrel in respect of consuming liquor and assaulted Minaben in their house with hard and blunt object causing injuries of fracture and fatal injury to the liver resulting into her death and thereafter, the appellant absconded leaving the dead body of Miraben in the house locking it from outside with an intention of screening himself from legal punishment.

(3.) ON the basis of F.I.R. filed by one Rasikbhai Naginbhai Patel an offence was registered as First C.R. No.178/1995 by Valsad Rural Police station for the offence punishable under Sections 302 and 201 of I.P.Code and the investigation was started. During the course of investigation dead body of Miraben was sent for postmortem, panchnama of seen of offence, inquest panchnama were drawn, statement of the witnesses were recorded. The accused was arrested on 25th July, 1996. On completion of investigation a charge -sheet was laid before learned Judicial Magistrate First Class at Valsad for the offence punishable under Sections 302 and 201 of I.P.Code. As the offence was exclusively triable by the Sessions Court, the case was committed to the Sessions Court, Valsad and it was registered as Sessions Case No.125/96. Learned Additional Sessions Judge, Valsad at Navsari framed charge Exh.2 against the accused. The charge was read over and explained to the accused who pleaded not guilty to the charge and claimed to be tried. Therefore, the prosecution adduced evidence to prove the charge levelled against the accused. On completion of recording of evidence, the learned trial Judge explained the incriminating circumstances appearing against the accused in the evidence. The accused in the further statement recorded under Section 313 of Criminal Procedure Code, 1973 explained the incriminating circumstances by stating that he is innocent, that before about three years during Navratri Miraben went to fetch water in the evening and fell down. She was well thereafter and he left for his work. Therefore, he does not know, how she has expired.