SANJAY GULAB SOLANKI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal is filed by the original accused who challenged the judgement dated 29.03.2012 rendered by the Additional Sessions Judge, Rajkot in Sessions Case No. 192 of 2009.

(2.) Briefly stated, the prosecution version was that accused Sanjay Solanki was recently married to one Kajal. Accused, however, suspected his wife of having illicit relations with one Popatbhai. As a result, at about 09.15 at night of 13.08.2009, the accused assaulted his wife with a knife giving multiple blows causing serious injuries. At that time, Kajal's young cousin sister Bhumika was also present. After the assault, accused ran away from the place leaving the knife inside the body of the wife. Kajal was shifted to a hospital where she died about 7 days later. A charge was therefore framed under sections 307, 302 and 188 of the Indian Penal Code. The prosecution evidence against accused revolves around the deposition of child witness Bhumika @ Dhingu, P.W. 11 and the dying declaration of Kajal, Ex. 50 recorded by Ramnikbhai Vachhani P.W. 14, Ex. 49, the Executive Magistrate. The prosecution would also rely on the history recorded by Dr. Altafbhai Osmanbhai Dal, P.W. 13, Ex. 43 who had first treated Kajal at Rajkot Civil hospital. According to him, Kajal herself had given the history of being assaulted with knife by her husband.

(3.) We may record the gist of the evidence. Kumar Vinodbhai Solanki, P.W. 10, Ex. 31, the brother of the deceased Kajal was also the first informant. He deposed that Kajal had got married to the accused about a year back. On the date of the incident, he received a phone call from his uncle informing him that Kajal was stabbed with a knife by Sanjay and she was in government hospital. He, therefore, rushed to the hospital along with other relatives where upon asking his cousin sister Bhumi, he learnt that Sanjay had stabbed Kajal with knife near Prem Mandir about 5 to 6 times. When Kajal ran across the road, the accused held the knife against the throat of Bhumi forcing her to come back and stabbed her a few times more. According to the witness, the reason for the assault was that the accused suspected Kajal of having an affair with one Popatbhai with whom previously talks of her engagement were going on. His complaint was registered at the Civil hospital itself which was produced at Ex. 32.