VASANTBHAI VECHIABHAI GAVIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The present conviction Appeal has been filed by the appellant original accused, under Section 374(2) of the Cr. P.C., against the Judgment and order dated 11.05.1999 rendered in Sessions Case No.47 of 1998 by the learned Additional Sessions Judge, Camp at Vyara, whereby the appellant-accused was convicted for the offence punishable under Section 307 of the Indian Penal Code and sentenced to undergo five years rigorous imprisonment with fine of Rs.800/-, in default of payment of fine, further simple imprisonment of six months. The appellant-accused was acquitted from the charges levelled against him for the offence punishable under Sections 498(A) of the IPC.

(2.) It is the case of the prosecution that complainant Divjaben who is wife of the original accused residing at Kevdipada Taluka, Navarpur alongwith her husband and son Dinesh. Her parental home is at Devadipada, Taluka, Navapur. The complainant is married with the accused 14 years ago and since then the complainant was residing with her husband and out of wedlock, they blessed with son Dinesh, who is aged about 7 yeas. On 01.11.1997, it was new year and hence he husband told her that they have to go to Kalu Khatki house at Kukermunda as a guest. Hence, on that night at about 9:00 p.m., they started and spent one night at Chinchpada Railway Station and on the following morning through train, they got down at Navapur from where they caught bus and reached Kalu Khatki's house at Kukarnudna at 11:00 a.m. and stayed at night. In the early morning at about 4:00 a.m., her husband told her to start for their home and hence, they started for their home. They did not awake Kalubhai. At 5:30 a.m. when they were passing the bridge over River Tapi, near village Kavtha, her husband demanded Rs.1000/- from her for bus ticket and then he asked her weather she should die or live if she was thrown in river Tapi by her husband. The complainant replied that whether she would die or live, it would happen according to what God wish. Thereafter, the accused caught her and throw her into the river Tapi. The complainant realizing this caught bride's embankment made of cement and opposed, but the accused lifted her from leg and threw her in the river Tapi. As she was knowing swimming, she swimmed and caught nail of pillar of the bridge, and was shouting for help. When there was a morning light, three persons came by boat and rescued here and taken on the bank of village old Kavtha. She talked with them and told them all the facts. The name of these persons were Pratap Ramsing, Parta Jalaramsingh and Bhamaia Dilipbhai. Out of these persons, Pratapbhai accompanied her to the Nizar Police Station and lodged the complaint bearing I-C.R.No.46 of 1997.The complainant disclosed that respondent-accused was beating and torturing her and telling her to go her parental hose as the accused wanted to have another educated wife who could run shop and for that, the respondent-accused threw her into the river Tapi to kill her and thereafter, she was shifted for medical treatment.

(3.) Thereafter, the investigation was carried out and statement of the witnesses were recorded. Map of the place was made and panchnama of place was drawn. Injury certificate of the complainant and was also tagged with the investigation paper. Thereafter, appellant-accused was arrested.