PRAVINBHAI @ PAVO PRABHATBHAI TADAVI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed against the judgement and order dated 30.06.2012 passed by the learned Sessions Judge, Rajpipla. Vide judgement and order dated 30.06.2012, the appellantaccused has been convicted and sentenced to undergo life imprisonment for offences punishable under sections 302, 452, 506(2) and section 135 of the Bombay Police Act.

(2.) The case of the prosecution as per the charge at Exh 50 is that between 10:00 am and 4:00 pm on 08.03.2012, the accused Pravinbhai @ Pavo Prabhatbhai Tadavi entered the house of the deceased Manilal Devjibhai Tadavi and inflicted blows with an axe which he was carrying. Due to the injuries so sustained by Manilal, he succumbed to the injuries. Offences, therefore, under section 302 read with section 352, and section 506(2) of IPC were registered and the accused was therefore charged for the said offences.

(3.) Ramilaben, wife of the deceased Manilal, lodged the first information report on 08.03.2012. According to her version in the complaint, she left the house at 10:00 in the morning to graze the cattle with one Balubhai Khushalbhai and Gopalbhai Mathurabhai Tadavi. When she returned at 4:00 pm in the evening, she saw neighbours having gathered outside her house. She saw Pravinbhai coming out of his house with a blood stained axe. The accused, according to the complainant, told that she should go inside her house and see what happened. On being so informed when she went inside her house, she saw her husband lying in a pool of blood on the cot having sustained injuries on his neck and below the right ear and he was profusely bleeding. Manilal had already succumbed to the injuries. She came out of her house at which point of time, Pravinbhai, the accused told her that he had killed her husband and she would meet the same fate. According to the complainant, the motive behind the incident was that deceased Manilal used to intervene when Pravin and his wife Seeta used to quarrel. He suspected that Manilal had illicit relations with his wife Seeta.