BABLABHAI MANSUKHBHAI NAYAK Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order rendered by Sessions Court, Surat (Camp at Vyara) in Sessions Case No.132 of 1998 convicting the appellant for the offence of murder of his wife Sumitra and for the offence of causing hurt to Miraben on 22nd March, 1998 at about 1.00 a.m. at Bhilwad Faliya of village Terwad with the help of a 'Koyta' (sugarcane cutting implement). The appellant is ordered to undergo imprisonment for life and to pay a fine of Rs.400/ -, in default, to undergo S.I. for one month for the offence of murder and is ordered to undergo R.I. for two years and to pay a fine of Rs.200/ -, in default, to undergo S.I. for 15 days for the offence of hurt punishable under Section 324 of I.P.C. The Trial Court ordered both the sentences to run concurrently and to give benefit of set -off to the accused. The judgment was rendered by the Trial Court on 7th July, 1999.

(2.) THE facts of the case in brief are that the appellant was married to Sumitra. He suspected her fidelity to him and in that context, he caused multiple injuries to the deceased on her neck with 'Koyta' at the time of the incident. On hearing shouts of the deceased, Miraben, staying next -door, rushed to the place of incident and tried to intervene. On her doing so, the appellant turned on her and inflicted 'Koyta' blows at Miraben also, causing hurt on her forehead, right wrist, left fingers and right thigh. In this context, Miraben lodged F.I.R. with the police at Vyara, on the basis of which offence was registered and after collecting evidence, chargesheet was filed before J.M.F.C., Vyara. J.M.F.C., Vyara, in turn, committed the case to the Court of Sessions as the case was triable exclusively by the Court of Sessions. The Sessions Court framed charge at Exh.5 to which the accused pleaded not guilty and claimed to be tried.

(3.) WE have heard learned advocate Ms. Banker for the appellant and learned APP Mr. Rawal for the respondent State.