SHRAVANBHAI DHEDABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order dated 25 -08 -1998 rendered by the learned Addl. Sessions Judge, Surat, Camp at Vyara, in Sessions Case No. 85 of 1998, convicting the appellant for the offence punishable under Section 302 of the I.P. Code and sentencing him to undergo life imprisonment and to pay fine of of Rs.200/ -, in default, to undergo R.I. for two months and also convicting for the offence punishable under Section 201 of the I.P. Code and sentencing him to undergo rigorous imprisonment of two years and to pay fine of of Rs.100/ -, in default of payment of said fine, to undergo simple imprisonment of two months. Both the sentences are ordered to run concurrently.

(2.) IN brief, the prosecution case is that deceased Ramaniben was the wife of the appellant and they were residing at village Ghodchit, Taluka Songadh, Dist. Surat. There were disputes between them. On 4 -12 -1997 at about 20 -00 hours there was quarrel between the appellant and deceased Ramaniben with regard to preparing meal. On account of such quarrel, the appellant inflicted injuries to deceased Ramaniben on her head with an axe lying in their house. Ramaniben died on account of the injuries. Thereafter, to disappear evidence with an intention of screening himself from legal punishment, the appellant took body of deceased Ramaniben in nearby field and tried to disappear the evidence.

(3.) ON the basis of the First Information Report lodged by Vasanji Makna Gamit offence was registered as I CR No. 105 of 1997 at Songadh Police Station for the offence punishable u/s 302 and 201 of the I.P. Code and investigation was started. During the course of the investigation, statements of the witnesses were recorded. Panchnama of scene of offence, inquest panchnama and panchanama of recovery of muddamal axe were drawn. Dead body of deceased Ramaniben was sent for postmortem. The accused was arrested.