PATEL SHAILESHKUMAR CHATURDAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been filed by the present appellant-original accused, who has been convicted and sentenced to suffer imprisonment for life and to pay fine of Rs.1000/-, in default, to suffer further 6 months SI for the charge under Sec.302 of IPC and also to suffer RI for one year and to pay fine of Rs.1000/-, in default, to suffer further 2 months SI for the charge under Sec.498-A of IPC by the learned Addl. Sessions Judge, Mehsana, Camp at Patan, vide judgment and order dated 10th February, 1999 passed in Sessions Case No.158 of 1998.

(2.) The case of the prosecution in short is that a telephonic message was received by the maternal uncle of the victim from the relatives of the appellant-accused about the unnatural death of the victim Ashaben. He in turn informed this to father and other relatives of Ashaben. They then went to Village Bhunav, Taluka Unjha at the matrimonial house of Ashaben where they saw Ashaben lying on the floor in the middle of the main room. Since they suspected the death to be an unnatural death, maternal uncle of Ashaben went to Unjha Police Station and gave an application at Ex.24 raising doubt about the death of Ashaben and it has been numbered as Accidental Death No.8 of 1998. As P.I., who was investigating another case at Village Mahirvad, received a wireless message, he along with Dy.S.P., Mr.N.R.Patel went to the scene of offence i.e. the residential house of the appellant and deceased at Village Bhunav. As it was not a natural death, he called the panchas, prepared inquest panchnama there itself and made arrangements to send dead body of Ashaben for performing post mortem. Meanwhile, father of Ashaben lodged a complaint (Ex.34) with Unjha Police Station against the present appellant and it has been registered as Unjha Police Station I.C.R.No.89 of 1998 for the offences punishable under Secs.302 and 498-A of IPC and the Investigating Officer started investigation. He recorded statements of various witnesses and made a search for the accused and accused was arrested on 30-4-1998 on completion of legal formalities i.e. preparing arrest panchnama, etc. and the muddamal has been recovered at the instance of accused. Arrangements were also made to send the muddamal to FSL and on receipt of FSL and post mortem reports, same were kept in investigation file. Upon completion of investigation, charge sheet was submitted against the accused in the Court of learned Judicial Magistrate (First Class), Unjha.

(3.) As the offences alleged against the accused were exclusively triable by the Court of Sessions, learned J.M.F.C, Unjha, committed the case to the Court of Sessions at Mehsana where it was numbered as Sessions Case No.158 of 1998 and same was transferred to the Court of learned Addl. Sessions Judge, Mehsana, Camp at Patan for disposing of the same on merits.