DHARAMSHIBHAI VELJIBHAI BATIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The appeal filed by the appellant-original accused under Sec. 374(2) of Criminal Procedure Code, 1973 arises out of the judgment and order dated 22-5-2014 of conviction and sentence passed by the 8th (Ad-hoc) Additional Sessions Judge, Bhavnagar Camp at Mahuva (hereinafter referred to as "the trial Court") in Sessions Case No. 187 of 2013, whereby the appellant-accused has been convicted for the offence punishable under Sec. 302 of I.P.C. and has been sentenced to the life-imprisonment, and further to pay fine of Rs. 1,000/-, in default thereof, to undergo a further simple imprisonment of six months.

(2.) The case of the prosecution before the trial Court, as transpiring from the record was that the deceased Jikuben, daughter of the complainant-Shambhubhai Jayrambhai Dhapa had married the accused-Dharamshibhai Veljibhai Batiya three years prior to the date of the incident in question. On 3-6-2013 a complaint came to be lodged by the said Shambhubhai before the Datha Police Station at Bhavnagar, alleging that the complainant's son Bharatbhai Shambhubhai had received a call from one Premji Ghelabhai Batiya that his daughter (i.e. complainant's daughter) Jikuben was killed by Dharamshibhai Veljibhai Batiya and her dead body was lying in the village hut. It was alleged in the complaint that the accused, who happened to be the son-in-law of the complainant, used to harass his daughter Jikuben, and therefore, she had come to the place of the complainant, however, since last four months, she had gone back to stay with her husband-Dharamshibhai Veljibhai Batiya, but her husband had continued to beat her and torture her. It was further alleged that during the midnight hours of 2-6-2013 and 3-6-2013, his daughter Jikuben was severely beaten by Dharamshibhai Veljibhai Batiya with wooden log, as a result thereof, she died. The said complaint was registered on 3-6-2013 as I-C.R. No. 28 of 2013 for the offence punishable under Sec. 302 of I.P.C. and Sec. 135 of G. P. Act, at the Datha Police Station, Bhavnagar. The Investigating Officer, after completion of the investigation, had submitted the charge-sheet in the Court of Judicial Magistrate, First Class, which was registered as Criminal Case No. 879 of 2013. The said case was committed to the Court of Sessions at Bhavnagar under Sec. 207 of Cr.P.C., which was registered as Sessions Case No. 187 of 2013.

(3.) The trial Court framed the charge against the accused at Exh. 8 for the offence under Sec. 302 of I.P.C. and Sec. 135 of G.P. Act, however, the accused denied the charges levelled against him and claimed to be tried. The prosecution, to prove the charges levelled against the accused had examined as many as 20 witnesses and also adduced documentary evidence. After completion of the evidence, the further statement of the appellant accused was recorded under Sec. 313 of Cr.P.C., wherein he denied the allegations made against him and further stated that at the time of incident, he was not present and that the complainant, who happened to be his father-in-law had falsely implicated him in the case. He had also stated that some strange person appears to have committed murder of his wife during the midnight hours. The trial Court, after appreciating the evidence on record convicted and sentenced the accused-Dharamshibhai Veljibhai Batiya as stated hereinabove.