SHIVABHAI DEVABHAI LAKUM Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appellant having been convicted for offence under section 302 of the Indian Penal Code, and sentenced to undergo life imprisonment, has preferred the present appeal.

(2.) A charge was framed at Ex. 1 by the learned Additional Sessions Judge, Ahmedabad (Rural), Mirzapur. According to the prosecution case, the accused on the day previous to the date of the incidence i.e. on 15.10.2009, had an argument with the deceased Khaniben who was his wife. Their daughter Lakshmiben had left her matrimonial home and had come to stay with her parents which was the point of issue.

(3.) Brother of Khaniben, Merubhai Jivabhai had lodged the First Information Report at Ex. 29. He was examined as P.W. 8 at Ex. 28. The first informant in his testimony stated that Khaniben who was his sister was married to Shivabhai Devabhai, the accused. That on the date of the incident, at 5 in the morning, he had received a call on his mobile phone informing him that his sister Khaniben was done to death by his brother-in-law. He along with his friend Dilipbhai Virabhai left for Saragwada on a motorcycle. When they reached Saragwada, they were informed that Khaniben had been shifted to Dr. Jigar Shah's hospital. He, therefore, went to the said hospital which was at Dholka. At the Dholka hospital, he was informed that Khaniben had been shifted to Ahmedabad hospital as she was critical. Hitesh, the son of the deceased was missing. He was missing for the last two months.