BISMILLABENKASAM KARIM CHAUHAN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present appeal has been preferred under section 374 of the Code of Criminal Procedure, 1973 ("the Code", for short) against the judgment and order dated 09.11.2012, passed by the learned Sessions Judge, Bharuch, in Sessions Case No. 41/2012, whereby the appellant-original accused has been convicted of the offence punishable under Section 302 of the Indian Penal Code, 1860 ("IPC", for short) and sentenced to undergo imprisonment for life and to pay a fine of Rs. 10,000/. In default of the payment of fine, the appellant is further directed to suffer simple imprisonment for thirty days. The appellant had also been charged for the offence punishable under Section 135 of the Gujarat Police Act, 1951, but has been acquitted of the said offence.

(2.) The appellant is the wife of deceased Kasam Karim Chauhan. It is the case of the prosecution, based upon the complaint dated 17.01.2012, filed by Karimbhai Umarbhai Chauhan, the father of the deceased, (Exhibit 9) that on the night intervening 16.01.2012 and 17.01.2012, at about 4.00 a.m. when the appellant was sleeping with her husband Kasam Karim Chauhan (hereinafter referred to as "the deceased"), she came out of her house and started shouting that she had killed her husband. On hearing the shouting, the complainant and his brother Jitubhai, ran towards the house of the deceased and saw that he was bleeding heavily from a head injury. When the complainant reached the house he saw that the deceased had died. The complainant went to call a doctor. When he returned with the doctor, the appellant told the doctor that if he treats the deceased she would involve him in a case and file a complaint against him, thereby stopping the doctor from treating the deceased. As per the case of the prosecution, the cause for the quarrel between the appellant and the deceased was that the appellant used to take their two goats to graze in the field alone and come back late at night. The deceased told the appellant that they should sell the goats, as the deceased was suspicious regarding the character of the appellant. Frequent quarrels took place between the appellant and the deceased on this issue, according to the complainant. A quarrel took place on the night of the incident as well and the appellant hit the deceased with a "Karab no lokhandno Dadho" (handle of an iron implement used for digging) (hereinafter referred to as "the weapon of offence") and gave a fatal blow, causing the death of the deceased.

(3.) On the basis of this complaint an FIR, being C.R.No.I03/ 2012, was registered under Section 302 of the IPC and Section 135 of the Gujarat Police Act. A charge-sheet against the appellant was filed in the Court of learned Judicial Magistrate, First Class. The case being Sessions triable, the learned Magistrate committed it under Section 209 of the Code to the Sessions Court, where it was registered as Sessions Case No. 41/2012.