BHAGUBHAI THAGALABHAI GAMIT Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present appeal is preferred by the appellant ori. Accused of Sessions Case No. 239/1998 against the judgment and order of conviction and sentence for the offence punishable under sec. 302 of Indian Penal Code passed by the learned Additional Sessions Judge, Surat, camp at Vyara, through Jail.

(2.) THE facts of the prosecution case is that the complainant Reshmiben, wife of Gurji Chandiya Gamit was staying at Vankal, Sarpanch Faliyu, Tal. Vyara along with her son -in -law Bhagu. That, on 9.8.1998, her son -in -law Bhagu was at home because he was on leave and her daughter Jaliben went to field. When she return from field in the evening at about 5.00pm, Bhagu was at home. Thereafter, Bhagu went towards his own house in the village and after some time, he returned and asked Jali, whether she prepared the meal. Jali replied that she has prepared the meal and told Bhagu to take the meal. He told that he will take meal later on and thereafter he has beaten Jali, his daugher Sumitra and also the complainant. On slapt being given by Bhagu, the complainant fell down on the floor and Bhagu has closed the door and we all remained in the house. Nobody has taken the meal. At about 8.00pm, Bhagu has taken the meal and he slept in the house. That, thereafter Jali has also slept in the room after taking the meal. Bhagu was sleeping on the cot and Jali was sleeping on the bench, whereas, complainant was sleeping on the floor. At late night, about 2.00a.m., on hearing the shouts of Jali, she awaken and went to Jali and she saw Bhagu throttling Jali. He told her that he did not want any help because Jali was not died. Therefore, when she checked Jali, there was no movements and she was also not speaking and she was died. Bhagu had not permitted us to go out of the house, therefore, they remained in the house. At about 4.00am, early in the morning, Bhagu opened the door and told that he is going to inform his brothers and he went away. After Bhagu left the house, she went out and informed about the incident to her relative Laljibhai and Amrutbhai Ravjibhai Gamit, Sarpanch of the village and when she came back to home, at that time, Bhagu was also came back.

(3.) THAT at night when Bhagu was taking his meal, he told Jaliben that why she is drinking liquor, Jaliben replied that since he is drikning, therefore, she is also drinking. At that time, there was a exchange of words. Thereafter, Bhagu went to sleep. For this reason, Bhagu has throttled Jaliben and committed murder of Jaliben and Reshmiben had seen the incident. It is further stated by the complainant that Bhagu was beating Jaliben after drinking liquor and when they intervened, he was beating themus and daily he was quarreling with them. The complainant had also informed about this to the Sarpanch and Sarpanch had also orally persuaded Bhagu but he did not heed to it. Due to his habit, he killed Jaliben. After registering the complaint, Ex. 7, for the offence punishable under Sec. 302 of IPC, the PSO of Vyara Police Station has handed over the investigation to PSI Shri Sukhdev Shambhulal Barad PW -4, who has drawn the inquest panchnama of the dead -body, Ex. 8, and thereafter sent the dead -body for post -mortem. Thereafter, in presence of the panchas, he drawn the panchnama of the scene of the offence and has recorded the statements of the witnesses. Thereafter, panchnama of body of the accused person was drawn and he was arrested on 10.8.1998. That after the investigation was over, charge -sheet was filed in the Court of Judicial Magistrate First Class, at Vyara.