NARANBHAI BABUBHAI BHUVA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused No. 1 in Sessions Case No. 44/2010 to challenge the judgment of the learned Additional Sessions Judge, Gondal, dated 1.5.2012.

(2.) Briefly stated, the prosecution case was that deceased Kankuben had gone to the house of the two accused i.e. the present appellant and accused No. 2 Rekhaben to deliver dried cow dung cakes (in rural households typically used for cooking fire and other similar purposes). At that time she was wearing gold and silver ornaments. The two accused with the intention of robbing her of such ornaments killed her by strangulation. Her dead body was then covered in a bag and thrown inside a gutter where it was found nearly eight days later in a highly decomposed condition. Both the accused were therefore, charged with offences punishable under sections 392, 302, 201 read with section 114 of the Indian Penal Code. The accused had sold the gold and silver ornaments in the market. They were therefore, charged with offence punishable under section 404 read with section 114 of the IPC. A charge to this effect was framed at exh.115.

(3.) Rajubhai Maisurbhai Mevada, PW13, exh.43, the husband of the deceased, deposed that he was engaged in selling milk. He was also doing agricultural work at his own field at village Sardhar. On the day of the incident, at about 5 O' clock in the evening, he had gone to his village. His wife had gone to deliver cow dung cakes. At 6 O' clock, his son Ranmal called him and told him that the mother had not returned. He therefore, returned to Rajkot from Sardhar and looked for his wife. His brother Dhirubhai and others joined him in the search. They could not find her. When they asked his daughter, she told them she knew where her mother usually goes to give the cakes. She showed the place which was a small room in a flat complex. They found their cakes lying outside. The room was locked. Upon inquiry, they found that Naranbhai Babubhai accused No. 1 and his wife accused No. 2 had disappeared since previous night. They also contacted Vajubhai, the owner of the flat, who told them that Naranbhai was his relative and he occupied the said flat with his wife but did not know where presently they were. They could be at Ram park at Junagadh. At the said place also, they were not found.