AMU MAVJI KHAVAS Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appellant Amu Mavji Khavas is convicted by the learned Additional Sessions Judge Rajkot in Sessions Case No. 11 of 1983 for the offence punishable under Sec. 302 Indian Penal Code for committing the murder of Jivuben wife of his brother Kanubhai Mavjibhai and sentenced to suffer imprisonment for life and to pay a fine of Rs. 250.00 in default three months further rigorous imprisonment. He is also convicted for the offence punishable under Sec. 324 Indian Penal Code for voluntarily causing hurt to witness Karapiya alias Swaminarayan by a knife and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs. 150.00 in default rigorous imprisonment for further two months. The substantive sentences were ordered to run concurrently.

(2.) Prosecution case was that Jivuben vas the wife of Kanubhai Mavji younger brother of the appellant-accused. Jivuben was doing masonry labour work at the factory where Karapiya was working as a watchman. Karapiya used to come to the house of Jivuben for taking meals. On 5/09/1982 at about 12.30 p. m. Karapiya had come to the house of Jivuben for lunch and had taken lunch and had just come out of the house of Jivuben and at that time the appellant went to the house of Jivuben and asked her the reason why Karapiya had been there and Jivuben told him not to interfere in her affairs and the appellant got enraged and inflicted knife-blow on the neck of Jivuben by which jugular veins of Jivuben were cut. Karapiya intervened and be was also given a knife blow on the chest. Kanubhai was not at home at that time and he come after some time and took Jivuben and Karapiya to the Hospital. Dr. Hemantkumar sutured the external injury of Jivuben and also gave treatment to Karapiya. Complaint was filed and dying-declaration of Jivuben was recorded by Executive Magistrate Shri H. M. Vyas. At about 9.00 p. m. Jivuben succumbed to the injury. The learned trial Judge on trial convicted and sentenced the appellant as aforesaid.

(3.) We are taken through the evidence by Mr. M. J. Buddhabhatti learned Advocate for the appellant and on appreciation of the evidence of eye-witnesses Mariyamben Noormahmad (Ex. 12) Ratanben Amardas (Ex. 13) and injured Karapiya (Ex. 28) and dying-declaration of Jivuben (Ex. 19) we have no hesitation to agree with the finding of the learned trial Judge that the appellant caused injuries with a knife to Jivuben and Karapiya.