JASHUBHAI ALIAS JASHVANTBHAI GOVINDBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE appellant convict has preferred this appeal under section 374 (2) of the Code of Criminal Procedure, 1973 and challenged the judgment and order of conviction and sentence passed by the learned Additional Sessions Judge, Gandhinagar on 1. 8. 2001 in Sessions Case No. 45 of 2001 convicting him for the offence punishable under section 302 of the Indian Penal Code and sentencing him to undergo life imprisonment and to pay fine of Rs. 100/- in default thereof to undergo simple imprisonment for fifteen days.

(2.) ACCORDING to the prosecution case, the accused and the deceased Surekhaben were husband and wife and there were quarrels between them, as the accused was not doing any work. On 25. 5. 2000 at about 13:30 hrs. , the accused picked up quarrel and hit a wooden log on the head of Surekhaben. On account of the injuries, Surekhaben died.

(3.) ON the basis of first information report lodged by Jayantibhai Keshavlal Gajjar, an offence was registered and investigation was started. At the end of investigation, charge sheet came to be filed against the accused for the offence punishable under section 302 of the Indian Penal Code and under section 135 of the Bombay Police Act. As the offence was triable by Sessions Court, the case was committed to the Sessions Court, Ahmedabad Rural and it was registered as Sessions Case No. 45 of 2001. The learned Additional Sessions Judge, Gandhinagar framed charge Exh-3 for the aforesaid offence against the accused. The accused denied having committed the offence and claimed to be tried. Therefore, the prosecution adduced evidence. On completion of recording of evidence, the incriminating circumstances appearing in the evidence against the accused were explained to him. The accused in his further statement recorded under section 313 of the Code of Criminal Procedure, 1973, denied having committed the offence. After hearing the learned Additional Public Prosecutor and learned advocate for the accused, the learned trial Judge convicted the accused for the offence punishable under section 302 of the Indian Penal Code and sentenced him as mentioned herienebefore. Being aggrieved by the said decision, the accused has preferred this appeal.