MADHUBEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT appeal has been preferred by the original accused Nos. 1 and 2 against the order dated 19.06.1998 of conviction and sentence passed by the Additional Sessions Judge, Kheda - Camp at Anand, in Sessions Case No. 98 of 1997, whereby both the appellants have been convicted for the offence punishable u/s.302 of IPC to be read with section 114 of IPC as well as to undergo sentence for life imprisonment and fine of Rs.3,000/ -, and in case of default of payment of fine, three months simple imprisonment.

(2.) THE facts of the appeal preferred by the present appellants are narrated as under:

(3.) THE incident has taken place on 7.01.1997 at 22 -00 hrs. at village Rahtalav. It is a case of the prosecution that deceased viz. Khodabhai Trikambhai was murdered at the house of accused Nos. 1 and 2. Dead body of the deceased was found from the house of accused. Wife of deceased viz. Mitaben (PW -6) has informed her father -in -law on 08.01.1997 that her husband was not available in the house right from previous night from 10 -00 p.m. onwards. It is also a case of prosecution that there was illicit relation between the deceased and accused No. 1. Father of the deceased and wife of the deceased tried to search the deceased Khodabhai Trikambhai at the house of accused No.1 but the house was locked. Thereafter, they had gone in the field of father -in -law of accused No.1, at that time all the accused were present. At there, they tried to inquire whether deceased Khodabhai has ever came. But, no satisfactory reply was found from the accused persons. While coming back to the house accused No.2 overtake the father of the deceased and the wife of the deceased and rushed to his house. He was having key of his house. He opened his house and ran away. Again the father of deceased and wife of deceased came at the house of accused No.1 because they were in search of son of P.W.1 or husband of P.W.6. As they could not find out the accused No.1 in the field, they again came at the house of accused No.1, at that time, the house of accused No.1 was opened. They entered into the house and at there they found the dead body of Khodabhai Trikambhai. Immediately they rushed to the police station at Bhalej Out Post and intimated the police about the dead body of their son/husband. The said complaint was initially recorded for an accidental death on 08.01.1997, which is at Ex.17/37 of the record. It was numbered as A.D.No.1/97. Meanwhile, dead body was recovered and sent for postmortem. Postmortem was carried out immediately on the next date i.e. on 09.01.1997. The cause of death was revealed by doctor on 09.01.1997 (Ex.31) was Asphyxia resulting from smothering and therefore F.I.R. bearing C.R.No.I/10/97 was registered with allegations against the accused persons. This is how the offence is registered on 09.01.1997 at 11 -30 a.m. wherein the names of the accused were given. None of the accused was available or traceable for investigation. Accused No.2 was arrested on 11.01.1997, whereas the accused No.1 was arrested on 16.01.1997. There was also one more accused viz. accused No.3 who has been acquitted. Investigation was over, charge sheet was filed and Sessions Case No.98 of 1997 was registered against the accused and upon the evidence of prosecution witnesses and on the basis of the circumstantial evidences and upon the proof of completion of chain of all the circumstances, accused Nos. 1 and 2 have been held guilty of offence u/s.302 of IPC to be read with section 114 of IPC and have been sentenced for life imprisonment, whereas accused No.3 has been acquitted because of doubt about the narration of his name whether he is Bharat (as per complaint) or whether he is Vijay (as per the depositions of the prosecution witnesses) or whether he is Vikram (as per the charge sheet filed by the police). No acquittal appeal is preferred by the State. Against the order of conviction the present appeal has been preferred by the original accused Nos. 1 and 2.