BHARMIBEN BHANU BHANA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is filed against the judgement and order dated 5. 9. 2002 passed by the learned Additional Sessions Judge, Fast Track Court, Junagadh, in Sessions Case No. 74 of 1997.

(2.) IT is the case of the prosecution that the appellant and her husband accused No. 1 Bhanu Bhana allegedly committed an offence of murder of deceased Jivatiben Karsanbhai and also committed an offence of robbery by taking away her gold earrings. They are also alleged to have tried to destroy the evidence after commission of the offence by throwing away the dead body of the deceased in a gunny bag. Initially, accused No. 1 was charged for an attempt to commit rape on the deceased.

(3.) THE story put forward by the prosecution is that the appellant went to the house of the deceased on 30. 12. 1996 at about 7. 00 p. m. and requested the mother of the deceased- Kutiben to send the deceased to sleep with the appellant as accused No. 1 (husband of the appellant) was to stay at the field for the whole night. Therefore, the mother of the deceased agreed and sent the deceased with the appellant. It is also alleged that after some time the deceased came back and requested her mother to accompany her to attend the nature's call. It is alleged that thereafter the mother of the deceased again dropped the deceased at the house of the appellant and came back.