SAMANTBHAI MAYABHAI KOLI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal is directed against the judgment and order dated 15.7.2000 delivered by the learned Additional Sessions Judge, Bhavnagar, Camp at Mahua in Sessions Case No. 55 of 1999, whereby learned Additional Sessions Judge convicted the appellant for the offence punishable under Section 302 of Indian Penal Code and sentenced him to undergo imprisonment for life and fine of Rs. 10,000/-, in default, simple imprisonment for one year.

(2.) The case of the prosecution in brief is that on 9.3.99 at about 12.30 in the midnight when the accused was sleeping with his wife at their house, the accused expressed his wish to have sexual intercourse to which his wife Baghuben refused. On hearing such refusal, the accused got enraged and hit his wife Baghuben with an iron rod because of which his wife Baghuben died. Therefore, an offence came to be registered against the accused under Section 302 of the Indian Penal Code and under Section 135 of the Bombay Police Act.

(3.) The Investigating Officer, on completion of the investigation, submitted the charge sheet against the accused in the Court of learned J.M.F.C., Mahua. As the offence is triable by the Court of Sessions, the learned J.M.F.C., Mahua committed the case to the Sessions Court, Bhavnagar which was numbered as Sessions Case No. 55 of 1999.